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(영문) 부산지방법원 2015.08.12 2015고정728

업무상횡령

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant, as a taxi engineer belonging to the injured Dol-si Co., Ltd. (hereinafter referred to as “victim”), was obligated to pay the base transport income of KRW 130,000 per day to the injured company under the labor contract and wage agreement concluded with the victimized company, and the Defendant had the right and duty to receive settlement from the victimized company if the income exceeds or falls short of the income.

Nevertheless, the Defendant, who operated a total of 23 days in February 2014, received transportation revenue of KRW 2,217,560 in total and embezzled by arbitrarily consuming KRW 527,450 among them in Busan High Court.

On March 19, 2014, the Defendant continued to use transportation revenue of KRW 1,084,760,00 in total and has been in custody for the damaged company, and embezzled at around that time, 150,70,000 among them without paying to the damaged company.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. An investigation report (in relation to attachment of data on calculation of business earnings of a suspect), an investigation report (in relation to the supply of data on calculation of business earnings of a suspect), and an

1. Application of Acts and subordinate statutes to each payment statement, each comprehensive operation statement, and each copy of employment contract;

1. Article 356 of the Criminal Act applicable to the relevant criminal facts and Articles 356 and 355 (1) of the Criminal Act (generally and collectively, selection of fines);

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. A company that causes damage to the gist of the assertion has implemented the full-time management system that requires full payment of transport earnings in external form, but has practically operated the fixed taxi commission scheme that requires full payment of only a certain amount of transport earnings.

Therefore, the defendant partially posted the taxi commission.