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(영문) 수원지방법원 2018.04.20 2018고정283
업무상횡령
Text

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

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

Reasons

Punishment of the crime

From November 2015 to November 201, 2016, the Defendant served as a person in charge of accounting and store management at a “D” health club of Gangnam-gu Seoul, Seoul, which was operated by the victim B, as a person in charge of operation of the accounting and store management, and the Defendant used the membership money paid by the members as operating expenses for stores.

On January 5, 2016, the Defendant kept 80,000 won of membership fees received from members E in cash in the above store for business purpose, and embezzled the above amount by personal use. From that time to November 15, 2016, the Defendant received 30,950,000 won in cash from members and kept it for business purpose, such as as shown in the list of crimes attached hereto, and then used 7,024,000 won in total at that time (the remainder of membership fees 23,926,00 won was deposited to the head of the office (the new bankF) as indicated in the attached Form). Accordingly, the Defendant embezzled 7,024,000 won in total of the membership fees owned by the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against the accused (two times, replacement of the accused);

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to written opinions of complainants and complainants;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the 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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