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(영문) 서울남부지방법원 2013.08.23 2013고단1649
업무상횡령등
Text

No. 1-A of the judgment of the defendant;

(b) KRW 2,00,000 for a crime, as shown in its holding;

(c)as to the crimes of paragraphs (1) and (2);

Reasons

On April 19, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny and two years of suspended execution, and on April 27, 2012, the above judgment became final and conclusive.

Punishment of the crime

1. Larceny;

A. At around 06:00 on April 21, 2012, the Defendant, at the D Sports Center located in Yangcheon-gu Seoul Metropolitan Government, stolen the bags containing KRW 1.50,000,00 in cash owned by the victim E, who was located in the D Sports Center located in Yangcheon-gu Seoul Metropolitan Government, by taking advantage of the gaps in around surveillance.

B. On April 1, 2012, around 06:00, the Defendant, at the above sports center, stolen an envelope containing KRW 130,000,00 in cash owned by the victim E, which was located on the catter.

C. Around 06:00 on May 3, 2012, the Defendant, at the above sports center, stolen an envelope containing KRW 80,000,000 in cash owned by the victim E, who was placed on the ground of the said center, in the same manner.

2. The Defendant, as a golf instructor of the above sports center, was in charge of the duties of collecting and managing tuition fees from its members, while keeping tuition fees for the victim F, who is the representative of the sports center, in the course of his duties, used the victim to arbitrarily embezzled tuition fees by concealing the fact of tuition fees or reducing the amount of tuition fees.

On May 2012, the Defendant, while keeping 200,000 won of tuition fees from G, a member of the sports center, for the sake of the victim, was embezzled by arbitrarily using tuition fees for personal purposes at around that time without entering the current status of tuition fees in Leson’s register or notifying the victim of the fact. From around that time to February 25, 2013, the Defendant embezzled 12 times in total by arbitrarily using 12,10,000 won in the same manner as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements concerning E and F;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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