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(영문) 수원지방법원 2018.01.18 2017고정3189
업무상횡령등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal record] On October 17, 2017, the Defendant was sentenced to six months of imprisonment for fraud and occupational embezzlement at the Suwon Friwon, and the judgment became final and conclusive on October 31, 2017.

[2] The Defendant of the 2017 High 3189, on March 25, 2015, was engaged in the business of delivering alcoholic beverages and collecting the payment thereof from the victim C, operated by the victim C, in Suwon-si from March 20, 2015 to March 27, 2015.

On March 26, 2016, from around 20:00 to around 02:00 of the same month, the Defendant, while carrying out business custody for the victim of the amount of KRW 264,00,00, which was delivered to the above D and deposited as the price for the delivery of the alcoholic beverage to the nearby D and embezzled without immediately returning it.

The defendant of "2017 Highly 3190" is a member of the local reserve forces.

The members of the local reserve forces shall not make sure that their residence is unknown because they have moved their place of residence and fail to report it in order to prevent the delivery of a muster notice for training.

Nevertheless, the Defendant, from around June 2014 to June 2016, 201, was registered to be ex officio as a person on June 29, 2016 because he did not file a resident registration transfer report even after having moved his residence to the G, 301 Dong 202, 301 Dong 201, F401.

Summary of Evidence

1. Statement by the defendant in court;

1. Previous convictions in the judgment: Reference to summary information of the case and the text of the judgment "2017 High Court 3189";

1. Statement made by the police against C;

1. Complaint;

1. The term "damage 2017 High 3190";

1. Notification of accusation;

1. A statement of reasons for not issuing a muster notice;

1. Application of Acts and subordinate statutes governing the organization card of local reserve forces;

1. Relevant Article of the Criminal Act; Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement) regarding criminal facts; Articles 15(2) and 6-2 of the former Act on the Establishment of Local Reserve Forces (amended by Act No. 14184, May 29, 2016); the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70 of the Criminal Act to attract a workhouse.

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