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(영문) 제주지방법원 2017.10.13 2017고정384
업무상횡령
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, from July 30, 2012 to Jeju-si B, operated a travel business under the mutual name "A", which is located in Jeju-si B, at the request of individuals or group travels who wish to travel in Korea and abroad, and closed the airline tickets business on January 3, 2016.

On April 7, 2015, the Defendant received a request from the victim F (45 tax) working for the Social Welfare Foundation E (E) in Jeju-si on April 7, 2015 to purchase the air tickets for 42 persons with disabilities who need to engage in social culture experience on the land, and received a deposit of KRW 4,519,300 from the said Corporation’s agricultural bank account to receive KRW 4,519,300 on April 15, 2015, and kept the air tickets for business purposes.

However, the Defendant did not use the money received as the price for airline tickets for the victim, and embezzled it by using it to immediately withdraw the money without permission for the right to airline tickets and to prevent the customer and the individual from returning the money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A copy of the business registration certificate, a copy of the name card, an explanatory note, and a letter of undertaking;

1. Application of statutes to a copy of a deposit certificate and the NongHyup Bank's admission and collection data;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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