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(영문) 광주지방법원 2018.06.01 2018고단590
횡령
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 is engaged in the duty of cargo delivery for C-lanes.

According to each evidence held by the Defendant at the E Logistics Center located in Young-si on May 12, 2017, the Defendant: (a) according to each of the above evidence owned by the Defendant, the owner of the imported chip, who embezzled by the Defendant, can find the fact that he/she is the Defendant, as the Defendant, and even if the victim was otherwise acknowledged as above, it does not infringe the identity of the facts charged, and does not actually disadvantage the Defendant’s exercise of his/her right to defense; (b) thus, the Defendant recognized the victim differently from the indictment without any changes in indictment.

During the process of loading alcoholic beverages (two weeks 160 stuffs, beer owners 860 stuffs) into the above cargo distribution center and shipping the said alcoholic beverages to the above cargo distribution center, the said alcoholic beverages were embezzled by taking away the amount of 80,000 won of the market price owned by the injured party, which was loaded in the above cargo at a place on the same day, from other places.

Summary of Evidence

1. Legal statement of witness G;

1. Statement of the police statement related to G;

1. Investigation report (G telephone statement);

1. A certificate of sales of alcoholic beverages and a certificate of receipt;

1. Application of the photographic Acts and subordinate statutes;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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