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(영문) 서울중앙지방법원 2019.06.05 2018고정2438

업무상횡령등

Text

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

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

Reasons

Punishment of the crime

The defendant is a victim foundation in Jung-gu Seoul Metropolitan Government, who has been engaged in the affairs such as parking fees and settlement of accounts as parking management personnel of the entrusted business team.

1. On February 16, 2018, the Defendant: (a) collected parking fees of KRW 1,012,30 from the unspecified customers at the 1st parking settlement office, a foundation of the said victim; (b) and (c) embezzled and embezzled them at his/her own discretion without paying parking fees from the victim’s account team while carrying out his/her duties for the victim; and (c) from around that time to April 22, 2018, the Defendant embezzled them by using 10,193,60 won at his/her own discretion during a total of 73 times as shown in the annexed List of Crimes (1).

2. On April 23, 2018, the Defendant forged a total of 34 copies of the parking lot settlement date, which is a private document on the victim’s rights and obligations under the name of victim D and E, by arbitrarily stating the sum of “D” cash “D” cash “3,200 won” and “E” cash “13,800 won” in the first settlement of accounts of the P.M. team in March 2018, using a see pen in the “the parking lot settlement date” format for the purpose of uttering at the above location. At that time, the Defendant forged a total of 34 copies of the parking lot settlement date, which is a private document on the victim’s rights and obligations under the name of victim D and E, as shown in the attached list of crimes.

3. The Defendant submitted the forged parking lot settlement log to F, at the same time and at the same place as Paragraph 2, to the head of the Secretariat of the said Foundation for the use thereof.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A statement of cash sales in cash, and a statement of accounts in parking;

1. Date of the settlement of the parking account (original, forged copy);

1. Application of Acts and subordinate statutes concerning the confirmation of embezzlement and outline of the measure process;

1. Relevant Article of the Criminal Act and Articles 356 and 355 of the Criminal Act concerning the selection of criminal facts;