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(영문) 광주지방법원 2014.07.24 2014고정888
업무상횡령
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant worked as professional operator from October 201 to October 15, 201, the victim Co., Ltd. in Gwangju Mine-gu, and operated the victim Co., Ltd in overall control over the victim Co., Ltd.

1. On December 17, 2011, the Defendant received KRW 10 million,00,000,000 from a non-company, etc. located in Gwangju Northern-dong, a strike company, to the deposit account in the name of the Defendant under the name of the Defendant for advance payment for the proceeds of the sale, and embezzled it for the personal purpose of the Defendant’s personal use while the Defendant was in custody for the victim company.

2. In the same place on April 2, 2012, the Defendant received KRW 5 million from the foregoing non-companyless resources to the above account under the said pretext, and embezzled it by arbitrarily consuming it for the personal purpose of the Defendant’s personal business during the course of the business’s custody for the victim company.

3. The Defendant supplied D with 100 kgs of 1,00 boxes at the same location as on January 2012, and received 1110,000 won from D, and embezzled them for personal purposes of the Defendant’s business, while the Defendant was carrying out business on behalf of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (two times, replacement);

1. Each police statement of E and F;

1. Each investigation report (Attachment of details of transactions by banks that are submitted by suspects and accompanying documents submitted by each complainants);

1. Application of Acts and subordinate statutes on the list of crimes in preparation of E;

1. Article 356 of the Criminal Act applicable to the relevant criminal facts and Articles 356 and 355 (1) of the Criminal Act (generally and collectively, selection of fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the defendant's embezzlement of the reasons for sentencing under Article 334 (1) of the Criminal Procedure Act (hereinafter "the Criminal Procedure Act") is a total of 16 million won, a strict punishment may be required against the defendant. However, the defendant's mistake on the other hand.

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