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(영문) 서울중앙지방법원 2018.08.23 2018고정1564
업무상횡령
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

From June 2010 to May 2, 2011, the Defendant is a person who has been engaged in the announced personnel collection duties at C operated by the victim B as a general manager.

On May 1, 201, the Defendant received 270,000 won from Gowon E as a entrance fee from Gowon E in Gangnam-gu Seoul, Seoul around May 1, 201, and received 3,120,000 won total from Gowon E as stated in the list of crimes in the attached Table of Crimes, and used at his/her own discretion during the custody of the victim without justifiable grounds.

Accordingly, the Defendant embezzled KRW 3,120,000, which was kept on duty for the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to B;

1. Application of Acts and subordinate statutes to a copy of a text message screen;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, and the choice of fines for the crime;

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(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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