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(영문) 대구지방법원 2017.05.12 2016고정2535

횡령

Text

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

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

Reasons

Punishment of the crime

From February 2, 2011 to April 201, the Defendant was in charge of duties such as attracting customers, supplying alcoholic beverages, receiving money, etc. while serving as an employee in charge of allowances in the Victim B Co., Ltd. (hereinafter “victim”).

On June 28, 2016, the Defendant, who received KRW 2.7 million from C president D, the business partner of the victimized company, to repay the loans to the victimized company, and was in custody for the victimized company, and was requested by E, the representative of the victimized company, to return the above repayment amount, but did not receive the above repayment amount from the victimized company, and embezzled KRW 2.7 million by refusing to return the repayment amount on the ground that the Defendant did not receive the above repayment amount.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police with respect to the F;

1. Complaints, the current status of claims in charge of management A, a detailed statement of transactions, requests for payment order of customers, and loan contracts;

1. A report on investigation (D phone search for witnesses) and a report on investigation (G phone search for witnesses);

1. Notice of the results of handling reported cases ( Daegu Regional Labor Office) and the application of statutes to report internal death;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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