beta
(영문) 수원지방법원 안산지원 2018.04.18 2018고정55

업무상횡령

Text

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

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

Reasons

Punishment of the crime

From April 2016 to September 201 of the same year, the Defendant concluded a transport contract with the victim C, with respect to D Freight Vehicles which the damaged party entered into and operates a logistics distribution account, and agreed to transport the remaining profits from the vehicle transportation expenses deposited into the distribution account which was deposited into the distribution account which was deposited into the Dispute Resolution Co., Ltd. by the Defendant, in a manner that the Defendant receives the delivery.

However, the Defendant received KRW 300,000 from E on July 15, 2016 for personal transport charges, and deposited KRW 5,000,000 from F on September 26, 2016 for personal account in the name of the Defendant, and deposited KRW 485,000 from G on September 30, 206 for personal account in the name of the Defendant, and embezzled KRW 7,728,000 from F on October 31, 2017 for personal account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement by C in the protocol of interrogation of the suspect against the accused by the prosecution;

1. Application of Acts and subordinate statutes to a copy of a letter of transfer of a motor vehicle, and a copy of dispatch;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be determined as ordered in consideration of the facts that the defendant confessions and reflects the crime, and that there is no criminal record exceeding the same criminal record or fine;