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(영문) 의정부지방법원 2015.06.16 2015고정102
업무상횡령등
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On August 9, 2007, the defendant was sentenced to 6 months of imprisonment and 2 million won of fine at the District Court for the violation of the Road Traffic Act (unlicensed Driving). The judgment became final and conclusive on August 17, 2007.

The defendant is a person who served from November 2005 to February 2, 2006 as an island seller in the victim B Co., Ltd.

1. Around December 3, 2005, the Defendant, at the victim B office located in Yangcheon-gu Seoul Metropolitan Government, submitted to the employee in charge a book sales contract to the effect that, in order to raise sales performance, the Defendant entered into a contract with Samsung T-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

2. Occupational embezzlement;

A. On July 7, 2006, the Defendant received KRW 1.90,00 from the above F to receive the book price of KRW 1.90,00 from the said F for the victim B at the F’s residence located in Macheon-si E-dong 101, and embezzled by arbitrarily consuming it around that time.

B. On March 8, 2006, the Defendant: (a) requested H to refund books and video products purchased by H as of December 8, 2005 at H’s place of residence, 9th 101 Dong Dong 102, G building; (b) and (c) embezzled from H to arbitrarily dispose of the books and video products, 30 amcied from A, A, A, A, A, A, A, A, A, A, B, B, B, B, B, B, B, C, C, C, and B, B, B, C, C, and B, B, B, B, and C, C, and C, B, C, and C, B, B, and C, C, C, and C, C, C, and C. at the same time.

Summary of Evidence

1. Statement of the police officer to I;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of the court ruling and summary agreement auxiliary to cases;

1. Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement and the choice of fines) of the Criminal Act as to the crime in question, and Article 347(1) of the Criminal Act.

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