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(영문) 부산지방법원 서부지원 2020.02.13 2019고정349

횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who introduces travel goods desired by the customer to the travel agency and acts to collect fees.

The defendant introduced the Guam travel goods to the victim, which is in progress by the travel company B, to the victim, and when the victim receives a total of KRW 4.53 million for flight period expenses and KRW 10.53 million for the rest of travel expenses, 10 family members would be able to travel to Guam for 5 days for 30 days.

The victim paid 4,530,000 won of the flight aircraft expense directly by credit card, and the sum of 1,80,000,000 won on December 16, 2017, and 1,80,000 won on December 27, 2017, was paid in advance, while the sum of 4,200,000 won on January 26, 2018, was paid in the bank account in the name of the defendant.

However, around December 28, 2017, the Defendant paid KRW 1,296,80,000,000 to B tour Co., Ltd. for the purpose of the travel contract deposit out of the above money received from the victim as a advance payment. The Defendant embezzled the remainder travel expenses that should be paid to B tour Co., Ltd. for the remaining reasons of the balance without paying KRW 3,551,000 for the money received from the victim.

It was revised ex officio according to facts obtained through the examination of evidence without the amendment process to the extent that it does not disadvantage the defendant's defense right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Data submitted by the complainant (transfer receipt and details of conversation, etc.);

1. Application of the Acts and subordinate statutes to attached data (the card, approved mobile phone text photographs and carooooto conversation photographs);

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

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;