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(영문) 부산지방법원 동부지원 2013.10.02 2013고단1531

업무상횡령

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From March 30, 2004 to November 15, 2006, the Defendant was in charge of the management office of Busan Shipping Daegu Ctel in Busan, and has been engaged in the management of deposit and withdrawal, such as the receipt of management expenses for the occupants of the above officetels.

1. On June 13, 2006, the Defendant embezzled KRW 934,00 deposit money from the occupant at the above management office, KRW 724,00, KRW 949,000 from the occupant at KRW 725 on the same day, and KRW 1,037,000 from the occupant at the above management office on June 22, 2006, the sum of KRW 2,910,000 from the occupant at KRW 1213 on the above management office for the victim, while he/she was in the custody of the victim for his/her personal purpose at that time.

2. The Defendant, at the above management office on December 28, 2005, collected management expenses of KRW 179,140 from the occupant in 715 on November 2005, and embezzled management expenses of KRW 6,050,430 for personal purposes for a total of 10 times from that time until July 12, 2006, while he voluntarily consumed management expenses of KRW 179,140 for personal purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Request for visits to and verification of unpaid funds-related duties while on duty;

1. Application of Acts and subordinate statutes on cash receipt;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.