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(영문) 대전지방법원 천안지원 2018.06.18 2018고정101

업무상횡령등

Text

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

When the accused does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. The Defendant was an employee at C cafeteria operated by the victim B.

At around 05:00 on August 9, 2016, the Defendant left the above restaurant located in Jinju-si, Jinju-si, and opened one copy of the Agricultural Cooperative C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-S-C-C-C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

2. A thief: (a) around 17:30 on August 10, 2016, the Defendant: (b) committed theft by having the key to the victim’s vehicle located in the victim’s vehicle located in the victim’s future residence; and (c) driving a stief car in the amount equivalent to KRW 5.9 million at the victim’s market price parked in the front of the said house.

3. On August 10, 2016, the Defendant, without a driver’s license, driven a car owned by the victim with approximately 180km section from J of J of J of J of J of J of J of J of J of J of J of J of J of J of J of J of J of J of J of J of J of 11:30 on the following day, to the front end of 304 nationalized apartment house of 201, 300km.

Summary of Evidence

1. Protocol concerning the examination of suspect;

1. Each statement protocol (K, B);

1. Protocols of seizure, list of seizure and evidence of seizure;

1. Detailed description of the damaged articles, photographs, and vehicles;

1. Report on internal investigation (to the other party of the vehicle owner M telephone communications);

1. The B card settlement letter;

1. Investigation report (investigation related to the Nonghyup Card, the damage of which is the agricultural product);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Criminal Act and Articles 356, 355(1) (Occupational Embezzlement), Article 329 of the Criminal Act, Article 152 subparag. 1, 43 (Unlicensed Driving) of the Road Traffic Act, and the selection of fines for each crime;

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

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.