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(영문) 전주지방법원 군산지원 2014.08.11 2014고정157
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. From January 2012 to December 2, 2012, the Defendant: (a) served as a business employee at a D agency located in the following city operated by the victim B; and (b) was in charge of installation of a card size and the amount of money received.

On March 5, 2012, the Defendant: (a) sold D at G book stores operated by F in Hasan-si E; (b) collected KRW 300,000 from sales proceeds; and (c) was kept in custody for the victim for business purposes, and (d) embezzled by arbitrarily consuming D for personal purposes around that time.

The Defendant, from that time until June 12, 2012, embezzled the total amount of KRW 560,000 on three occasions, as shown in the attached list of crimes, from that time until June 12, 2012.

2. On May 15, 2012, at the D office operated by the victim B in Yasan-si, the Defendant made a false statement to the victim that “I would resolve the problem of H with the money and work as sales members if I lent KRW 100,000 to B, because the H, which introduced ice before ice, was unable to carry out the D business due to the lack of economic circumstances.”

However, the fact that the defendant received money from the victim and intended to use it as his own cost of living, and there was no intention or ability to have H work as a seller of the victim.

The defendant received KRW 1 million from the victim and acquired it by fraud.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes governing payment of allowances;

1. Relevant provisions of the Criminal Act and Articles 356, 355 (1) (the occupation of occupational embezzlement and the choice of fines) and 347 (1) (the occupation of fraud and the selection of fines) of the Criminal Act concerning the crime;

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

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

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