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(영문) 부산지방법원 2012.12.06 2012고단6096

업무상횡령

Text

1. The defendant shall be punished by a fine of five million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

From May 19, 192 to April 8, 201, the Defendant was in charge of accounting work at D operated by the victim C in Busan Jung-gu B building 502.

Around July 3, 2006, the Defendant, at the foregoing D office, embezzled KRW 5,340,198 in total by the same way seven times from that time until April 201, as shown in the annexed crime list, while the Defendant was in custody of the proceeds deposited in the passbook (Account Number E) in the name of the Defendant in the name of the victim. The Defendant deposited KRW 1,50,000 to the passbook (Account Number) in the name of the Defendant in the name of the Defendant, and withdrawn the proceeds, and embezzled the proceeds for personal use at a place where the location below Busan is unknown at that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, G, H, and I;

1. Each investigation report (as to the current status of transfer from the C individual passbook to A, as to the embezzlement of suspect AD ordinary bankbooks, as to the copy of the victim C operation D business account and the attachment of transaction details, as to the details of transactions in D operation passbooks);

1. Application of Acts and subordinate statutes on account transactions;

1. Article 356 and Article 355 (1) of the Criminal Act, the selection of fines (the amount of embezzlement recognized as a crime of oil is not so large, and circumstances favorable to the defendant, such as the fact that the defendant is a primary offender), inclusive of the relevant criminal facts, the selection of punishment, etc.;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.