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(영문) 창원지방법원 2017.10.25 2017고단1769
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was engaged in the business of providing female contact loans to the head of the department from around December 2009 at the place of entertainment of “D” in Gangnam-gu Seoul, Seoul, and from around the middle half of 2010, the Defendant was engaged in the business of managing money to be paid to the head of the business department and the head of the marina.

1. From August 1, 2011 to August 20, 2011, the Defendant received 3720,000 won from the above D’s entertainment week from the victim E, the president of the business, to deposit it into the victim’s account while performing his duties, and embezzled it for personal purposes at will around that time.

2. Around August 29, 2011, the Defendant: (a) took custody of AC volunteer service charges and card discounts of KRW 4,099,00 (one hundred thousand won in cash, one hundred thousand won, and 3.19,000 won in front of a check) from AF, the main business owner of the victim; (b) returned 2.15,00 won in front of the check to the victim by mail; (c) around September 20, 201, the Defendant embezzled 19,000 won in front of the check to the victim; and (d) then, (e) embezzled 1,949,00 won in remainder from Kim Il-si, the Defendant embezzled 3,000 won in personal use.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 37 (former part of Article 37, Article 38 (1) 2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes and Article 1 of the Reasons for Sentencing [Scope of the Punishment] Class 1 of Article 38 (Scope of the Punishment) of the Act on the Aggravated Punishment of Concurrent Crimes and Article 50 [Article 1 (10 million won or less] of the Act on the Aggravated Punishment of Crimes and Article 2 of the Act on the Aggravated Punishment of No. 1 [Scope of the Punishment] [Article 1 (4) of the Act on the Aggravated Punishment of Concurrent Crimes and No. 1 (100 million won or less) [Article 1 (4) of the Act on the Aggravated Punishment of Concurrent Crimes] (Article 37-1 (2) of the Act on the Aggravated Punishment of Concurrent Crimes and there are no criminal records exceeding the same kind of criminal records or fines.

However, there is little amount of damage and no amount of damage.

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