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(영문) 서울중앙지방법원 2016.02.15 2015고정2117

업무상횡령

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

From April 208, the Defendant has been engaged in the management of the membership fees of the company “D”, a group of business members of the above company “D” from around 15th of Gangnam-gu Seoul building B, and has been engaged in the management of the membership fees of the company “D.”

On April 22, 2010, the Defendant received membership fees of KRW 6 million from the rest members of the instant club, including victims E, and embezzled them for the victims for their personal purposes by voluntarily withdrawing them, and used them for personal purposes. From around that time to May 14, 2010, the Defendant embezzled them by arbitrarily consuming KRW 22 million in the same manner as in the list of crimes in the attached Form, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the witness E’s legal statement statutes;

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