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(영문) 인천지방법원 부천지원 2016.08.12 2016고단99
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From October 23, 2014 to June 2015, the Defendant served as a victim A or a transportation company, who was in the 848-gil-ro 7, a lightlight-ro 848 from around October 23, 2014, as a subordinate taxi driver, and operated the Defendant’s rocketing car with the victim’s possession.

1. Even though the Defendant entered into a labor contract with the company to pay a total of KRW 145,00 for daily transportation revenue generated from the operation of the pertinent car, the Defendant embezzled KRW 4,756,98, which was kept in business from April 1, 2015 to May 30, 2015, without paying to the victim company, for arbitrarily consumed KRW 4,756,998.

2. On June 1, 2015, the Defendant embezzled the instant rocketing car, which was kept in his/her business, to D, by borrowing 4,400,000 won for gambling money, from the 265 North Korea-Eup, Gangwon-do, Gangwon-do, Gangwon-do, Gangwon-do, Seoul Special Metropolitan City, at KRW 265,00.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes concerning registration certificates, labor contracts, and monthly limits for each driver;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommended punishment] [the grounds for sentencing under Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes] [the grounds for sentencing] [the grounds for sentencing from April to January 4]] of the basic area (the scope of recommended punishment shall be less than 100 million won] [the decision of sentencing] of the defendant is recognized as being against the defendant, but the defendant has the record of being punished as imprisonment and fine for the same crime; the defendant again commits the crime in this case; the victim's damage has not been recovered properly; the victim's age, sex, sex, environment, health conditions, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, etc., as the order of the punishment as set forth in the present case, shall

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