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(영문) 부산지방법원 2014.10.02 2014고정2901
업무상횡령
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

From January 1, 2012 to December 31, 2013, the Defendant is the president of the "Dmarket Merchant Association", the victim located in the D market located in Busan Northern-gu, Busan, who has been in general charge of the business of the said Dmarket Merchant Association, such as the execution of funds.

On September 4, 2013, the Defendant received KRW 5 million under the name of “expenses for supporting specialized markets” from the North-gu Busan Metropolitan Government Office. This project cost was set to be used only for the production of promotional materials of the D market, the development of promotion character, and other projects for maintaining public relations facilities.

Nevertheless, on October 17, 2013, the Defendant purchased 1,000 won from the former branches of 2.2 million won on the Internet “11 A” and embezzled it by voluntarily consuming it to the market merchants in a way of distributing it to gifts.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The prosecutor's protocol of interrogation of the defendant included E in E

1. The police statement concerning F;

1. Domestic investigation reports, telephone conversationss, investigation reports, investigative reports, investigation reports (to listen to the opinions of reference witnesses), investigation reports (to the economic promotion of the north-gu in Busan Metropolitan Government and hearing public officials in charge of telephone statements), investigation reports (to attach Busan Metropolitan City public notices related to support for specialized markets);

1. Copy of documents related to the business plan of a specialized market with 2013 trend, details of account transactions, details of account transactions, details of purchases made once 1, details of purchases made once in Busan Metropolitan City;

1. Application of Acts and subordinate statutes to suspended cases photographs;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

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

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

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