업무상횡령
The sentence of sentence against the defendant shall be suspended.
An application filed by an applicant for compensation shall be dismissed.
Punishment of the crime
The defendant is a person who works as a taxi driver in Incheon Gyeyang-gu Limited Liability Company E (Representative Director C) for victims in Incheon Gyeyang-gu.
From October 1, 2012 to December 18, 2012, the Defendant embezzled KRW 1,319,605 in total over 52 times, as shown in the separate crime list, by means of paying only a part of the revenue, while keeping the transportation revenue generated while operating a taxi owned by the victim company (F) in the course of business.
Summary of Evidence
1. Partial statement of the defendant;
1. The statement of G concerning the police officer, the second police interrogation protocol against the accused, the statement of G among the interrogation protocol of the police officer, and each statement of G;
1. Application of the Act and subordinate statutes to the details of the arrears of transport earnings (10/1-11/18), the Operating Date, the 2012 Wage Agreement (hereinafter investigation record), the taxi operation records (10/1-11/18), the unpaid details of transport earnings (11/20-12/18), the taxi operation records (11/20-12/18), and the taxi operation records (11/20-12/18).
1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generality) and the selection of fines concerning the crime;
1. A fine of 700,000 won to be suspended;
1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;
1. Article 59 (1) of the Criminal Act (i.e., the fact that there is no criminal record other than once a fine imposed on the accused, and the motive and circumstance of the instant crime, the amount of damage, etc.);
1. Article 32 (1) 2 and 3, and Article 25 (3) 3 and 4 of the Act on Special Cases concerning the Dismissal, etc. of Applications for Compensation Orders (the scope of liability for compensation is not clear and it is deemed inappropriate to issue an order for compensation in criminal proceedings);