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(영문) 서울서부지방법원 2015.04.10 2014고정867

업무상횡령

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, as a general director of the C Public Notice Board located in Mapo-gu Seoul Metropolitan Government, managed the C Public Notice Board on behalf of the victim D, and received the monthly costs from the occupants and delivered them to the victim.

On January 18, 2013, the Defendant: (a) received KRW 300,00 from E, an occupant of the Gosiwon from the Gosiwon, and used it at will, from January 30, 2013, for the purpose of business, from the time on which he/she arbitrarily used it for the daily expenses; and (b) used it for the daily expenses, which was paid from eight occupants of the Gosiwon to eight times as the Gosiwon’s list of crimes; and (c) used it for the purpose of business.

Summary of Evidence

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

1. Statement of D police statement;

1. A report on investigation;

1. Application of Acts and subordinate statutes on the details of publication expenses;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generality) and the selection of fines concerning the crime;

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;