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(영문) 서울남부지방법원 2016.11.15 2016고정1658

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

From December 4, 2015 to February 2, 2016, the Defendant has been engaged in taxi driving service as a taxi driver belonging to D Co., Ltd., a victim in Yangcheon-gu Seoul Metropolitan Government.

On December 4, 2015, the Defendant operated E-si in a place where it is difficult to know a place below Seoul around the time, and used cash of KRW 28,960 in cash received as the taxi fee for the said company for the said company. Around that time, the Defendant spent the cash of KRW 28,960 for personal use, such as the cost of food and tobacco purchase, in mind, at the daily center in Seoul Metropolitan City.

From around that time to February 1, 2016, the Defendant consumed total of KRW 2,660,260,000 in the same way at the 36 times through the same method, such as the list of crimes in the attached Form.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness F’s statutory statement Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act for the selection of the relevant criminal facts;

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

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

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