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(영문) 서울중앙지방법원 2015.04.08 2014고정5137

횡령

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 2012, the Defendant: (a) worked as an employee of the “F” restaurant operated by the victim D and E in Pyeongtaek-si C; (b) managed the passbook in the name of G (E) in which the investment and earnings, etc. of the said restaurant have been deposited; and (c) continued to have it even after the said restaurant was suspended.

While the Defendant kept money deposited in the said passbook for victims, on May 25, 2012, the Defendant withdrawn KRW 20,000 around the said restaurant and consumed it in mind with the Defendant’s personal living cost, etc.

From that time until September 28, 2012, the Defendant embezzled 1,094,90 won by consuming 17 times in mind, such as the list of crimes in the attached Form, at the level of Pyeongtaek-si and Seoul.

Summary of Evidence

1. Legal statement of the witness D;

1. Each police statement of E and D;

1. Application of the details of passbook transactions and the statutes governing copies thereof;

1. Relevant Article 355 (1) of the Criminal Act concerning the facts constituting a crime and the choice of punishment. Article 355 (1) of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;