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(영문) 수원지방법원 2014.06.13 2014고정1432
업무상횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant was a person who had been a delivery employee of the “C” in Daejeon-gu, Daejeon from March 30, 2013 to March 2013.

At around 09:00 on March 30, 2013, the Defendant received 30,000 won in the “C” restaurant located in Daejeon Jung-gu, Daejeon, from the victim D, and received 30,000 won in the delivery store from the victim D until 09:0-14:00 on that day, the Defendant delivered food to customers who ordered food to “C” and received 139,500 won in the amount of food as the price for the above C, and used 169,500 won in the personal use, such as its own food value.

Accordingly, the Defendant embezzled the total amount of C’s oil and the total amount of 169,500 won for personal use, which is the delivery source.

The Defendant is an employee who is in charge of the delivery of food and the collection of food costs, who is an employee of the “G” restaurant for the operation of the Victim F in a substantial area of Cheongju-si E.

On April 3, 2013, the Defendant, at around 13:00, was in custody of 211,000 won as a result of the delivery of the above restaurant, and then embezzled it by arbitrarily consuming the cost of living, etc. around that time.

Summary of Evidence

"2014 Highly 1432"

1. Defendant's legal statement;

1. The protocol of statement by the police about D 2014,1433;

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Articles 356 and 355 (1) of the Criminal Act and the choice of fines for the crimes;

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

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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