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(영문) 창원지방법원 2015.12.16 2014고단3208
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant’s occupational embezzlement from March 3, 2012 to the same year

6. By the end of 19.1, a driver has been engaged in driving service by inserting D tourist buses into the Victim (State)C located in the Haban-gun B of the Gyeongnam-gun.

around March 3, 2012, the Defendant used 600,000 won of the profits from the above tourist bus as expenses, such as road expenses, among the profits of 600,000 won, while operating the above tourist bus around March 3, 2012, and used 432,00 won of the remaining remaining amount for the above company for its business purposes, from that time, consumed as personal

6. From the date of September 19, a total of 14,983,710 won, including the statements in the annexed list of crimes, has been embezzled by arbitrarily consuming proceeds for personal purposes.

2. Around July 20, 2012, the fraud Defendant made a false statement to the victim G operated by the Victim F in Kimhae-si, Kimhae-si, stating that “The victim would immediately pay the amount of sound equipment on the tourist bus, if he/she installs the sound equipment on the tourist bus.”

However, even if the victim installs a sound system in a tourist bus, there was no intention or ability to pay the price.

From the above day to the day of the 26th day of the same month, the Defendant acquired financial benefits equivalent to the above amount of money by not being installed in the above tourist bus and not paying the price for the sound equipment equivalent to the total amount of KRW 7,750,000,000, which is equivalent to the market price of KRW 900,000.

Summary of Evidence

Criminal facts listed in paragraph (1):

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement related H;

1. A complaint;

1. Criminal facts listed in paragraph (2) in each criminal investigation report (in the form of a complainant), investigation report (amount of damage), and investigation report (Settlement of the amount of damage):

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement to I;

1. Investigation report ( telephone conversations between persons for reference) and notarial deeds;

1. Application of the Acts and subordinate statutes to the complaint;

1. The point of occupational embezzlement of relevant legal provisions concerning criminal facts: The point of fraud under Articles 356 and 355 (1) of the Criminal Act: Article 347 (1) of the Criminal Act;

1. Imprisonment with prison labor for each choice of punishment;

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