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(영문) 대구지방법원 서부지원 2015.10.23 2015고정813
업무상횡령
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From October 2014, the Defendant, as a cargo driver of the “C”, a cargo transport business entity operated by the victim B, has been in charge of cargo transport and collection.

On October 31, 2014, the Defendant: (a) loaded freight to F Truck D located in Seocheon-gu, Seocheon-gu, Busan; (b) transported freight to the new construction site of the building; and (c) stored delivery cost of KRW 396,000 for the victim; and (d) consumed the freight for personal purposes, such as entertainment expenses, in mind around that time.

In addition, from around that time to November 13, 2014, the Defendant transported the freight more than seven times in total as indicated in the attached list of crimes, and consumed it in mind while keeping the freight for the victim by collecting a total of KRW 1,779,000,000.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes of a daily publication and tax invoice;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generality) and the selection of fines concerning the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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