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(영문) 인천지방법원 2013.09.27 2013고정2224

업무상횡령

Text

The sentence of punishment shall be suspended against the Defendants.

Reasons

Punishment of the crime

Defendants are victims limited liability companies E (representative director: F) in Gyeyang-gu Incheon Metropolitan City, who work as a taxi engineer.

1. From October 3, 2012 to November 3, 2012, Defendant A embezzled total of KRW 1,036,000 through 24 times, as indicated in the annexed Table Ma1, in a way that only a part of the transportation revenue was paid, while the transportation revenue generated during his/her business was in custody, even though he/she was fully paid the transportation revenue.

2. Defendant B embezzled total of KRW 752,300 through 20 times, as indicated in [Attachment Ma2] List of Crimes, in a way that only a part of the revenues was paid, while he/she was in business custody of the transportation revenue generated during the business from October 2, 2012 to November 14, 2012, even though he/she was fully paid the transportation revenue.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of G and H;

1. A wage agreement (2012);

1. Details of embezzlement of transport earnings (A), A operation log (Duplicate), and tycogs;

1. Application of the Acts and subordinate statutes on the unpaid details of B transportation revenues, B operation log (Duplicates), and B operation logs;

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the applicable criminal facts and the choice of fines;

1. Each fine of 300,000 won to be imposed on the suspension of sentence;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act for detention in a workhouse;

1. It is so decided as per Disposition on the grounds of not less than Article 59(1) of the Criminal Act (i.e., motive and circumstance of the instant crime, amount of damage, etc.);