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(영문) 서울북부지방법원 2015.10.14 2015고정1955

업무상횡령

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 12, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Military Service Act at the Seoul Central District Court on August 12, 2015, and the judgment became final and conclusive on June 20, 2015.

From February 24, 2015, the Defendant was engaged in the delivery and collection business of the cafeteria operated by the victim C in Dongdaemun-gu Seoul, Dongdaemun-gu.

On February 24, 2015, from around 17:19 to 20:39 of the same day, the Defendant voluntarily consumed the cash that was kept in custody in front of the Seoul Dongdaemun-gu Seoul Dongdaemun-gu session with the victim for personal purposes, such as using the cash that was kept in custody in front of the Seoul Dongdaemun-gu Seoul Dongdaemun-gu session for game costs.

Accordingly, the Defendant embezzled one cash and 263,000 won in cash on the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Printing of an over-to-door photograph, printing of a computer screen on the details of delivery, and printing of text messages dialogues;

1. Before judgment: Application of Acts and subordinate statutes to the defendant's legal statement, the failure to take the disposition, and the result report;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;