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(영문) 대구지방법원 2013.07.03 2013고정834
업무상횡령
Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, from August 2012 to Daegu Jung-gu, worked as an employee at the D cafeteria operated by the victim C from August 2012, is a person who is engaged in food delivery and collection of money.

On January 18, 2013, the Defendant: (a) delivered food to 14 places, such as the F fireworks house in Daegu-gu, Daegu-gu, and embezzled KRW 219,500,00 in total, including KRW 197,50,50, and Siide 22,000, for the victim; (b) he voluntarily consumed the food and embezzled it around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C;

1. Application of Acts and subordinate statutes on details of delivery;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 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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