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(영문) 부산지방법원 동부지원 2016.04.11 2015고정1087
업무상횡령
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant has been engaged in the sales and collection business of the main household of the company, which is operated by the victim C in Busan Jung-gu, and has been engaged in the sales and collection business of the main household of the company.

On April 16, 2013, the Defendant entered into a contract with the customers F of the above company for the household of the above company, and collected KRW 4,500,000 from the price of the household of the above company for the above company within the scope of 106,00,000,000, the Defendant used the money for personal purposes, such as the Defendant’s living cost, at the National Assembly in Busan City around that time.

In addition, the Defendant embezzled KRW 64,556,538 in total by the same way 30 times from the city of Busan through the same method, such as the list of crimes, between around that time and around October 1, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A complaint;

1. Arrangement of the amount of embezzlement, and application of statutes of the contract;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of a punishment for a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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