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서울중앙지방법원 2015.10.26 2015고정2955
업무상횡령
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant was a person who is a general official in charge of overall affairs, such as the management of the Gosiwon, operated by the victim C in Gangnam-gu Seoul Metropolitan Government.

Around May 26, 2009, the Defendant received KRW 290,000 from E to the above Gosiwon, and used arbitrarily for the purpose of living expenses of the victim while working for the victim. From that time to June 15, 2009, the Defendant received a total of KRW 12,650,000 from 12 persons as shown in the annexed crime list, and embezzled by using them for the purpose of business.

Summary of Evidence

1. Defendant's legal statement;

1. The second police interrogation protocol against the accused (including the third police interrogation protocol);

1. The written statement by the police against C and the application of the Acts and subordinate statutes governing the complaint filed by C;

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the applicable criminal facts and the choice of fines;

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

1. Articles 70 (1) 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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