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(영문) 수원지방법원 성남지원 2017.04.27 2016고단4138
업무상횡령
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

The Defendant, while working for the victim C in Gwangju City as an employee in the “D” operated by the victim C in charge of the sales of goods and the storage of the sales proceeds, was able to use the sales proceeds received from customers in mind instead of depositing them into the said safe.

At around 13:20 on June 18, 2016, the Defendant received KRW 27,00 from customers whose name cannot be known in the foregoing “D” account book to receive KRW 27,00 as the sales proceeds of goods and used it for the victim’s personal purpose without depositing it in the credit cooperative at that place, and at that time, put it into one’s own bank and used it for personal purpose in the mind of using it, and used it for his own personal purpose as indicated in the attached crime list, as shown in the attached crime list, from June 18, 2016 to June 29, 2016, the Defendant used KRW 504,00 in total, such as cash and goods, etc., which was kept for the victim for the same method, for his own personal purpose.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statement Statement;

1. A report on investigation (attaching details of damage);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions and Articles 356 and 355(1) of the Criminal Act concerning criminal facts, the choice of fines (including the fact that the defendant is against his/her gender, the primary fact, the amount of damage, the age of the defendant, circumstances after committing the crime, etc.);

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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