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(영문) 부산지방법원 2015.09.09 2014고정5314
업무상횡령
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

From January 21, 2013 to February 28, 2014, the Defendant worked as the head of the business in D, a food distribution company located in Busan Jung-gu, Busan, and was engaged in the business activity and the business activity of the victim E, a subsidiary of the said company, as the representative of the victim E, a subsidiary of the said company.

On December 31, 2013, the Defendant: (a) transferred KRW 756,00,000, which was supplied by the victim to a company bank account in the name of the victim in the name of the business bank account in the Gimhae-si, Kim Jong-si, Inc.; (b) and (c) voluntarily withdrawn and consumed the Defendant’s personal living expenses, etc. around that time; (c) around March 26, 2014, as shown in the annexed list of crimes by the following methods, arbitrarily withdrawn the total amount of KRW 13,114,80 by the following methods on six occasions, and embezzled it after consuming it.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to investigation reports (E actual operators);

1. Article 356 of the Criminal Act applicable to the relevant criminal facts and Articles 356 and 355 (1) of the Criminal Act (generally and collectively, selection of fines);

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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