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(영문) 대구지방법원 2014.07.10 2014고정420
업무상횡령
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant has been engaged in the duty of receiving four major premiums every month for the article that transfers emergency patients to the branch of the D branch in Busan Metropolitan City.

The Defendant received four premium of KRW 210,000 per month from the victim E who had been engaged in the duty of transporting emergency patients from around September 201 to October 2012, and was in custody for the victim for an occupation, and around that time used the Defendant’s personal purpose, such as expenses, from the company operated by the Defendant.

Accordingly, the defendant embezzled the victim's property.

2. We examine the judgment, and examine the defendant's legal statement and records, it is recognized that the defendant and the victim are relatives not living together. If so, the defendant has a relationship of kinship under Article 328 (2) of the Criminal Act applied mutatis mutandis under Article 361 of the Criminal Act with the defendant, and the facts charged in this case constitute a crime to be discussed only when the victim files

However, according to the letter of withdrawal of a complaint submitted to the court on May 19, 2014, the victim can recognize the fact that the complaint was withdrawn against the defendant after the indictment of this case. Thus, the indictment of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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