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(영문) 수원지방법원 안양지원 2018.10.24 2018고정433
업무상횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, as a member of the victim BD operated by the victim B in Ansan-gu from November 9, 2014 to December 10, 2016, has been engaged in the business of supplying the said company’s goods and receiving the price of delivered goods.

On April 11, 2016, the Defendant spent 5,2530,000 won in total in the same way as indicated in the list of crimes in attached Table between April 11, 2016 and November 26, 2016, for personal purposes, such as horse expenses, etc., while receiving KRW 2,20,000 from E, a customer, as a credit cooperative account under the name of the Defendant, and being in custody for the said company.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A complaint, tax invoice, overall contract, account statement, and business registration certificate;

1. A detailed statement of account transactions in the name of the person under consideration;

1. Application of Acts and subordinate statutes to a report on investigation (specific amount of damage);

1. Articles 356 and 355 (1) of the Criminal Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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