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(영문) 서울중앙지방법원 2016.05.25 2016고단470
업무상횡령
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant has been engaged in the delivery of newspapers, collection of subscription fees, and management of subscription money between November 28, 2005 and December 2009 by the injured party C in Ansan-si member B, Ansan-si, and in economic D every day.

On March 2009, the Defendant spent KRW 11,478,00 in total over 96 times, as shown in the list of crimes committed in the attached Table, when he/she was in custody for the victim by collecting KRW 210,000 from old subscription fees at his/her residence where he/she resides in Ansan-si E apartment 112-*** When he/she was in custody for the victim, he/she consumed for personal purposes, such as surgery expenses and living expenses of his/her father around that time, from around that time to November 2009.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. The investigation report (the sequence 5 in list of evidence);

1. Application of Acts and subordinate statutes on the account details of the agricultural bank account;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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