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(영문) 부산지방법원 동부지원 2015.10.12 2015고정765
업무상횡령
Text

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

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

Reasons

Punishment of the crime

The defendant, as an employee of the Dcafeteria operated by the victim C in Busan Southern-gu, was engaged in food delivery and money collection services.

On October 1, 2014, the Defendant embezzled the amount of money, etc. kept on duty for the victim nine times in total, from that time to December 9, 2014, by arbitrarily consuming the amount of money, etc. kept on duty for the victim, at the construction site near the Sungdong Elementary School located in the Nam-gu Busan Metropolitan City, and then arbitrarily consuming the amount of money, etc. kept on duty for the victim nine times in total, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of C prepared by the police (first time) on the statement;

1. A statement of a written confirmation prepared by E;

1. Application of each Act or subordinate statute stated in each formal bulletin (Evidence No. 9-14 of the Evidence Records) and each transfer certificate (Evidence No. 19 of the Evidence Records);

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;

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;

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