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(영문) 광주지방법원 2018.09.20 2017고단5855
업무상횡령
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant has been engaged in the business of the victim C as a taxi engineer of the victim C from December 20, 2016 to August 12, 2017.

Defendant 1, in the above victim company, was engaged in the business by taking off D Sona taxi, and the amount other than KRW 60,000 per day to be deposited in the above victim company was entered into a contract under the condition that the Defendant receives the amount other than KRW 60,000, but was willing to consume the standard money as Defendant’s living expenses, etc. without paying it to the victim company.

Of taxi charges received around December 23, 2016, the Defendant used 60,000 won to pay to the said victim company for the purpose of the said victim’s company at will at around that time, and used 3,657,960 won in total over 91 times from December 23, 2016 to August 8, 2017, as indicated in the list of crimes in the attached Table.

Accordingly, the defendant consumeds the victim's property while on duty.

Summary of Evidence

1. Each legal statement of witness E and witnessF;

1. A criminal investigation report (data submitted by a complainant);

1. Application of the Acts and subordinate statutes on the list of news articles, records of the president and current status of service;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 of the Provisional Payment Order [In the case of a fixed amount of taxi commission scheme, the amount exceeding the daily taxi commission if a taxi engineer obtained the income above the daily taxi commission cannot be used at will by a taxi engineer. However, if daily income is less than the daily taxi commission, the taxi engineer is in the position of a manager in the business of the taxi company against the total amount of the taxi commission. If the daily income is less than the daily taxi commission, the taxi engineer is in the position of a manager in the business of the taxi company, and if it is used at will,

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