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(영문) 서울중앙지방법원 2017.11.28 2017고정2057

업무상횡령

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

The Defendant, from October 15, 2014 to December 12, 2014, has been engaged in the duty of “D Public Notice Hostel” operated by the victim C in Dongjak-gu Seoul Metropolitan Government from around December 15, 201, in the duties of collecting and storing the cost of the public Notice Board entry fees.

The Defendant used the total sum of KRW 870,000,000 from the above Gosiwon to the above Gosiwon for personal purposes, such as entertainment expenses, etc., on October 29, 2014; KRW 50,000 on November 10, 2014; KRW 240,00 on November 22, 2014; KRW 120,000 on December 3, 2014; KRW 60,00 on December 5, 2014; and KRW 870,00 on December 18, 2014; and around that time, the Defendant used it for personal purposes, such as entertainment expenses, etc. for the victim.

Accordingly, the defendant embezzleds the property of the victim who has been kept in business.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to petition for complaint and accompanying documents;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

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;