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(영문) 수원지방법원 2020.06.12 2020고정193
업무상횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 2016, the Defendant concluded a siren service consignment agreement with the representative C of the Dispute Resolution Co., Ltd., stating that “the victim’s siren rental fees received from the customer while running the business after receiving the victim’s siren and remitting them to the victim, and manage the vehicle by the time when the lease is recovered,” and was engaged in the business activities, revenues and vehicle management.

On March 2018, the Defendant lent a siren to “D” located in Ma, received rent of KRW 110,00,000 from the Defendant, and consumed it for personal purposes without paying it to the victim, and used the rental fee of KRW 69,000 received by the same method nine times in total as shown in the attached crime list by September 2018, without depositing it to the victim, and without the consent of the victim, at will, without paying it to other customer rental fees and rental fees.

As a result, the defendant embezzled the property of the victim who was under custody in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on the written oath of a sales agent, a certificate of unpaid rental fees, data on arranging the remittance of the head office, a rental car rental contract, and a Kakao Stockholm conversation between the suspect and the accused;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

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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