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(영문) 서울동부지방법원 2018.10.11 2018고정747

업무상횡령

Text

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

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

Reasons

Punishment of the crime

The Defendant, from March 13, 2012 to August 10, 2012, is a person who had been engaged in the duty of cleaning and collecting money for the entrance fee at the “D Public Notice Board” of the Victim C’s Operation in Songpa-gu Seoul, Songpa-gu, Seoul, while serving as a general manager at the “D Public Notice Board.”

On June 6, 2012, the Defendant received KRW 400,000 from E, who is the student of the Gosiwon, as the entrance fee, from around the above day from around the above day to August 10, 2012, and received KRW 6,620,00 in total 14 times from 10 students of the Gosiwon to around August 10, 2012 under the name of deposit money and the entrance fee, and used them voluntarily as living expenses, etc. for the victim without justifiable reasons during the above day.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

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

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the complaint and relevant data;

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;