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(영문) 부산지방법원 2018.02.20 2016고정3644
횡령
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On August 21, 2016, around 23:40 on August 21, 2016, the Defendant leased the E- AD vehicle from the victim corporation, the victim corporation, who is the Shephering business, (hereinafter referred to as the “victim company”) in Busan Jin-gu, Busan.

Although the Defendant used the credit card in the name of the victimized company, which was paid to the Defendant in accordance with the terms and conditions of use agreed upon by the Defendant as a member of the victimized company, only for the purpose of paying for the oil of the vehicle leased by the Defendant, on August 22, 2016, in violation of his duty, around 02:09, the Defendant paid a total of KRW 109,507, including KRW 47,207,000 for the oil of the vehicle leased by the Defendant with the credit card in the name of the victimized company in the name of the victimized company, and caused the damage to the victimized company.

Summary of Evidence

1. Statement by the defendant in court (the date of the eight public trial);

1. Part of a protocol concerning the examination of suspect of the defendant;

1. Statement made to I by the police;

1. Application of the lease contract, the table of control records (referring to eight pages for investigation records), the Acts and subordinate statutes on the table of sale;

1. Article 355 (2) and Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 355 (2) and (1) of the Criminal Act that choose a penalty;

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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