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(영문) 서울북부지방법원 2018.03.15 2017고정1653

업무상횡령

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The Defendant is a person who has served as the head of the management office from February 2, 2012 to February 19, 2016 at D gas stations in Seoul, Jung-gu, Seoul, which are operated by the victim B (52 years of age per party, South Korea).

Around November 28, 2015, the Defendant was paid 170,000 won as gift certificates by customers who paid oil to customers in cash while performing their duties as above.

Embezzlemented in a manner that does not deposit into the bank after entering in the daily sales ledger, and consumed it as personal living expenses.

In addition, from around that time to February 19, 2016, the Defendant consumed 21,923,000 won in the same way over 66 times as indicated in the following list of crimes, and embezzled the property of the victim.

Summary of Evidence

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

1. Statement made by the police against B;

1. Complaint;

1. Application of statutes to a copy of the daily current account book (by November 28, 2015 - October 21, 2016);

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;