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(영문) 대구지방법원 안동지원 2018.05.04 2018고단167
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On September 4, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny, etc. in the Gwangju District Court’s Net Branch on September 4, 2015, and completed the execution of the sentence at the Macheon Prison on January 20, 2017.

[Criminal facts]

1. On June 15, 2017, the Defendant was in charge of the duties such as cleaning and lodging expenses, while working at the “E” conference operated by the victim D located in Masung-gun, Gosung-gun, Kim Sung-gun, as an employee.

On June 15, 2017, the Defendant arbitrarily brought KRW 170,000,000,000, which was collected accommodation charges on behalf of the victim at the above “E” conference.

Accordingly, the defendant embezzled the victim's property.

2. Larceny;

A. The Defendant, at around 07:00 on August 10, 2017, up to 55 at the market price of the Victim H, located in the G bath located in Ansan-dong, F, and around 07:0,00, 1 copy of a resident registration certificate, one copy of a driver’s license, one copy of a driver’s license, one copy of a cash and 4.57,000 won at the market price consisting of 40,000 won.

They brought to Korea.

B. On March 29, 2018, around 16:00 on March 29, 2018, the Defendant brought to the following method: (a) the victim K-owned market price of the victim K-owned in the new place in the Sinsi or a female escape room located in the Gunsi-si I, Sinsi-si; (b) 1.80,000,000 won of the

Accordingly, the defendant stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each statement of K and D;

1. Investigation report (the photograph of the damaged product that was stolen by J Mana in the Gu and America), investigation report (the photo of the stolen site in J Ma in the Gu and America), investigation report (the photograph of the stolen site), investigation report (the photograph of the seized product), investigation report (the photograph of the portable telephone and the suspect's investigation), investigation report (CCTV image investigation) and investigation report (the counter investigation of the L cafeteria operator);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (limited to the previous convictions);

1. Article 356 of the Criminal Act and Articles 355(1) (the point of occupational embezzlement) and 355 of the Criminal Act of the choice of criminal facts.

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