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(영문) 대구지방법원 서부지원 2014.01.15 2013고정1079

업무상횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From September 1, 2008, the Defendant entered into a logistics transaction contract with the victim (state)D operated by C in Daegu-gu, Seo-gu, and has been engaged in the household transportation and collection business of the victim company.

On May 23, 2013, the Defendant arbitrarily used 11,762,00 won in total by the same method over 15 times from around 2013 to June 17, 2013, as shown in the separate crime list, while collecting KRW 2,650,00,000, which is a part of the household price, in the course of performing duties for the victim company, from F in Dong-dong-si, Chungcheongnam-si, Dong-si, Seoul, and used 9,000,000 won, which is a part of the Defendant’s corporate bond repayment.

Accordingly, the defendant embezzleds the property of the victim who has been kept in business.

Summary of Evidence

1. Defendant's legal statement;

1. C Complaints;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes of written confirmation of transactions and written confirmation of traders;

1. Article 356 of the Criminal Act applicable to the relevant criminal facts and Articles 356 and 355 (1) of the Criminal Act (generally and collectively, selection of fines);

1. Articles 70 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;