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(영문) 부산지방법원 서부지원 2018.04.06 2017고정430
업무상횡령
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who, from February 23, 2015 to December 16, 2016, worked for the victim limited partnership C as an employee for delivery and sales of alcoholic beverages from the victim limited partnership company C, which was located in the Seoul-si, Changnam-si, Seoul-si, and was engaged in the duties of receiving alcoholic beverage payments.

around July 2016, the Defendant arbitrarily used the liquor amounting to KRW 2,92,40,00, which was delivered, sold, and received by the Defendant on the main points of “E” located in Kim Jong-si D, for personal purposes, such as living expenses, during the course of performing duties for the victim. From July 2016 to November 2016, the Defendant embezzled the liquor amounting to KRW 15,307,100, which was collected from the customer of the victim’s transaction, as indicated in the separate crime list, for personal purposes, such as living expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the defendant;

1. Application of the Act and subordinate statutes of the trading ledger, written by the person under consideration;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a 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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