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(영문) 서울동부지방법원 2020.10.15 2020고정750

업무상횡령

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

From February 27, 2017 to March 31, 2020, the Defendant, who was a taxi driver of a corporation C, a victim in Seongdong-gu Seoul Metropolitan Government, has been engaged in the duty to pay the full amount of transportation revenue to the company on the day he/she received from passengers as the “full amount payment” was implemented through labor-management consultation between D and E Union from January 1, 2020.

On January 1, 2020, the Defendant embezzled KRW 4,226,050 in total on 29 occasions from March 29, 2020, including the consumption of transportation income of KRW 61,90 on the day of the victim’s operation of a taxi for business purposes for the company, and embezzled by consuming 4,226,050 in personal use, as shown in the crime list, until March 29, 2020.

Accordingly, the defendant embezzled another person's property in his occupational custody.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Transmission of wage agreements, public announcement of guidelines for total management of taxi transportation business, list of embezzlement (A), list of text messages embezzlement (A), list of Gtacotypes, current status of transportation revenue in January 2020, current status of transportation revenue in February 2020, current status of transportation revenue in March 2020, current status of transportation revenue in March 200, and application of Acts and subordinate statutes on cards (one to three months);

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning facts constituting an offense;

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;