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(영문) 제주지방법원 2017.09.08 2017고단1490

업무상횡령

Text

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

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

Reasons

Punishment of the crime

From January 2015, the Defendant: (a) delegated the hotel reservation and accommodation expenses settlement agency from “C” (hereinafter “victim”) located in Gangnam-gu Seoul Metropolitan Government 407 building; and (b) performed the settlement of hotel accommodation expenses to the hotel that promised to pay the transferred accommodation expenses from the Victim Company.

On May 4, 2015, the Defendant received accommodation expenses of KRW 4,235,00 from the Victim Company to the account of the National Bank (G) in the name of F, the transaction account of the Defendant, and used only KRW 3,155,00 for the settlement of the above hotel accommodation expenses, and embezzled the remainder of KRW 1,080,000 for the settlement of other hotel accommodation expenses or for the non-personal use of the same year from around the above day to the point of time.

7. Until August 8, 200, a total of KRW 23,025,00 was embezzled by arbitrarily appropriating or consuming for personal purposes for other hotel accommodation expenses in connection with the settlement of total of eight hotel accommodation expenses in the manner described in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to investigation reports (the result of execution of a search and seizure warrant and the response to details of financial transactions), response to a request for details of financial transactions, and deposit details;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.