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(영문) 제주지방법원 2016.06.30 2015고정681
업무상횡령
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From August 9, 2013, the defendant has been engaged in general affairs of the above corporation, such as purchase of feed, medicine, and management of pigs, as the victim D Livestock Farming Association Head (Representative E) in Seoposi City from August 9, 2013.

On July 10, 2014, the Defendant received KRW 800,000,00 from the office of the said corporation and F corporation, and embezzled at will, from the time on April 6, 2015, the Defendant received KRW 10,000 from the said corporation’s representative H, which brokered the transaction of feed between the said corporation and F corporation, as the expenses for the examination of swine pregnancy, and received KRW 80,000,000,000,000 from the time when he/she was in his/her business and embezzled it with his/her own consumption.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness H in the second public trial record;

1. Legal statement of E;

1. Statement made by the police with H;

1. Investigation report (attached report, such as a certified copy of donations);

1. Application of Acts and subordinate statutes, such as certified copy of the corporate registry, certificate of electronic financial transfer result, copy of the business registration certificate, and details of passbook transactions;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendant obtained the consent of E for the Defendant to receive and consume the above cost of the said cost of the swine pregnancy diagnosis from H to the victim D Livestock farming association corporation, and thus, received and consumed the said cost of the said cost, since the Defendant received and consumed the said cost of the said cost of the swine pregnancy diagnosis from H in the presence of the victim E and H3.

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