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(영문) 부산지방법원 동부지원 2016.04.26 2016고정190
업무상횡령
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

From October 20, 2014 to October 6, 2015, the Defendant has been serving as beauty artist in the beauty art room operated by the victim D with the victim D in Busan swimming-gu C and the first floor and has been engaged in cosmetic and collection business.

On July 22, 2015, the Defendant voluntarily consumed KRW 158,000 in total seven times from around the day to September 27, 2015, as shown in the list of crimes in the attached Table, without being entered in the daily book on the day when the Defendant was kept for the victim by collecting KRW 15,00,000, which was kept for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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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