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(영문) 서울중앙지방법원 2016.07.13 2016고정1349
업무상횡령
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

From January 2, 2007 to December 1, 2015, the Defendant operated the Seoul agency of the victim C in Guro-gu Seoul Metropolitan Government, and received products from the injured party and supplied them to the customer, and has been engaged in the business of depositing the collected goods from the clients into the victim.

On February 17, 2015, the Defendant received goods from the injured party and supplied the goods to D, which is the customer, and received 4,950,000 won for the goods and stored for the injured party. At that time, the Defendant used the goods for personal purposes, such as store operating expenses and living expenses.

In addition to the Defendant, from around that time to June 19, 2015, the Defendant embezzled a total of KRW 30,596,000 by the same way five times as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes regarding transaction details;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

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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