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(영문) 서울동부지방법원 2015.02.10 2012고단2983
업무상횡령등
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 June 21, 201, the Defendant appears to have written indictment for ten (10) days after the birth of the victim owned by the victim in the first floor of the (State) F building located in Yongnam-si around the end of 21:00, the Defendant appears to have a clerical error of “ten (10) days.”

The 1st century was destroyed by the death of the string.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the witness G in the protocol of the third, fourth, and twelve trial;

1. Application of the Acts and subordinate statutes governing the statement of witness H in the 8th trial records;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Of the facts charged in the instant case, occupational embezzlement

A. The summary of the facts charged is that the Defendant was a managing director of the Victim (Representative I) F (Representative I) who is a two-wave distributor, and was in charge of managing the customer and the funds of the victimized Company, and the Defendant deposited the proceeds from the clients into the Agricultural Cooperative Corporation account of the victimized Company and managed them for the victimized Company.

As a result, the Defendant: (a) received cash payments from the victimized company; and (b) did not deposit such payments into the account of the victimized company; (c) did not spend the proceeds for personal purposes; or (d) fabricated the cash in the electronic account book to use the difference for personal purposes.

On June 22, 2009, the Defendant supplied the two-waves owned by the victimized company to the above “M”, and received a cash of KRW 360,000 from L in cash from the injured company and kept it in custody for the victimized company, and then arbitrarily consumed it and did not receive cash in the account book of the victimized company.

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