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(영문) 부산지방법원 동부지원 2019.05.29 2018고정882
업무상횡령
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

From January 26, 2018 to February 28, 2018, the Defendant supplied alcoholic beverages to the victim C, operated by the victim C, and engaged in the business of collecting alcoholic beverages.

On January 26, 2018, around 20:04, the Defendant supplied alcoholic beverages to the Fju place located in Young-gu, Busan Metropolitan City, and received KRW 184,000 from the Defendant’s mother G’s H bank account (I) and was in the custody of the said company for the said company, the Defendant used the same for personal purpose, such as repaying the obligation to the individual creditor who is J around that time.

In addition, from that time until February 28, 2018, the Defendant collected 50,189,500 won in total over 119 times as shown in the attached list of crimes, and deposited 18,250,000 won in the company among them, and embezzled 31,939,50 won in excess of individual debt repayment and living expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the head of a complaint, a statement of confirmation, a statement of collection, a list of deposited funds, and details of banking transactions;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) 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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