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(영문) 인천지방법원 2014.05.22 2014고정1504
업무상횡령
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 8, 2013, the Defendant was sentenced to six months of imprisonment for occupational embezzlement at the Incheon District Court on March 8, 2013, and the judgment became final and conclusive on March 16, 2013.

On August 29, 2012, at around 21:00, the Defendant employed the victim C in Bupyeong-gu Incheon, Bupyeong-gu, Incheon as a delivery source to D Chinese restaurant operated by the Defendant, and embezzled the amount equivalent to KRW 400,000 of the food cost received in daily delivery for the victim, without returning it to the victim, and then arbitrarily consumed it due to living expenses, etc. around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Division: Case search and application of Acts and subordinate statutes;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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