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(영문) 대구지방법원 2016.09.28 2016고정1040
업무상횡령
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who has been in charge of household delivery and delivery funds of the LAB.

On August 5, 2015, the Defendant: (a) delivered to the customer at the request of the household sales office D, etc.; and (b) deposited KRW 225,00 with the delivery cost of KRW 225,00,00, the Defendant embezzled at his own discretion, using KRW 165,00 among them.

The Defendant, including that, from that time until August 19, 2015, embezzled a total of KRW 1,171,000 by arbitrarily using delivery expenses of KRW 1,171,000 in the following manner, as shown in the list of crimes:

- - Other

Ma- Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement protocol by the police for E;

1. A complaint;

1. Account books, data, and written confirmation of the amount of damage;

1. Details of the investigation report (or counter-investigation of the complainant) and the settlement of charges on dispatch;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of fines) concerning the facts constituting an offense;

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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