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(영문) 수원지방법원 안산지원 2013.07.17 2012고단2849
업무상횡령
Text

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

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

Reasons

Punishment of the crime

around September 7, 2011, the Defendant entered into a lease consulting agreement with the said company with respect to the said publicly notified telecom owned by the victim E, and was engaged in the above publicly notified telecom lease business from the same date to March 12, 2012.

According to the terms of the above consulting contract and the special agreement of the public telecoming service contract, the lease deposit shall be remitted to the account of the victim.

Nevertheless, the Defendant, on November 26, 201, obtained 410,000 rental deposit from lessee F to 309, while on behalf of the Defendant on behalf of the above public-private partnership, and was in custody for business purposes, in spite of the victim’s demand for return, and embezzled the leased deposit amount of KRW 10,520,00 for six times during the period from around that time to March 21, 201, as indicated in the list of crimes in the attached list of crimes, while he/she voluntarily consumed and embezzled the leased deposit amount of KRW 10,520,00 from lessee and kept it for business purposes at around that time.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes of each investigation report;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act, the selection of fines for the crime;

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

3. The sentencing of Article 334(1) of the Criminal Procedure Act does not have the same power for the defendant, and there is no criminal record or heavier than a fine, and the defendant asserts that he was committed in the last time due to the victim's failure to receive fees, etc., and that he was committed in the instant crime, taking into account circumstances that may be considered in the motive, the sentence as ordered shall be determined.

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