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(영문) 광주지방법원 2016.04.28 2016고정131
업무상횡령
Text

The defendant shall be punished by a fine of KRW 300,000 (three hundred thousand), but if the above fine is not paid, KRW 100,000 (one day) shall be the day.

Reasons

Punishment of the crime

From June 7, 2015 to August 26, 2015, the Defendant, as a driver of the 733-6 (Haak-dong), was engaged in the business of operating a taxi of the said company, as a driver of the (mul) cases and above, who was in the 733-6 (Haak-dong), south-gu, Gwangju.

From August 1, 2015 to August 26, 2015, the Defendant acquired KRW 2,152,980 by operating a taxi for business use of the said company.

The Defendant paid KRW 369,680 while he was in custody of 2,152,980 as transportation income to pay to the said company, and 341,480 won was spent as fuel, and then embezzled money of KRW 1,441,820 as 1,441,820, while he did not pay the remainder of KRW 1,441,820.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect to the police accused (including the cross-examination);

1. Statement protocol with respect to B by the police;

1. Application of Acts and subordinate statutes to file a criminal complaint and a report on the investigation of damaged acids;

1. Articles 356 and 355 (1) of the Criminal Act relating to the facts constituting an offense;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act with the detention of a workhouse is as follows: (a) the defendant recognized the crime of this case, and his depth is divided.

The amount of the embezzlement of this case is not higher than the amount, and the defendant does not want to be punished by agreement with the victim in the trial process.

There is no criminal record who has been punished for the last ten years.

In addition, it is decided as per Disposition by comprehensively taking into account all the circumstances regarding sentencing.

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