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(영문) 서울중앙지방법원 2014.10.30 2013고정5928
업무상횡령
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The Defendant, from April 1, 2002 to November 7, 201, has been engaged in the business of selling the life water and collecting money of the said company as a business employee of G company, which is an organization for selling the life water of the said company, operated by the victim E in Gyeonggi-si from around November 1, 201.

On May 2, 2011, the Defendant embezzled KRW 5,00,000, out of KRW 30,000, which was collected from H, a business partner, not deposited in the said company. On August 22, 2011, the Defendant embezzled KRW 25,000, out of KRW 80,000, which was collected from H, not deposited in the said company. On October 16, 201, the Defendant embezzled the said money by arbitrarily consuming KRW 75,00,00, which was collected from H, on behalf of the said company.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. Application of a copy of receipt (H), a trading place (H), a written confirmation of deposit, and the Acts and subordinate statutes of the head of a trading office;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment.

1. Determination as to the Defendant and the defense counsel’s assertion under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse

1. The reason why there is a difference between the main receipt of the assertion, the transaction place, and the transaction place, is that the Defendant issued a receipt only to H, and the Defendant did not actually receive the price from H, or that the amount received was erroneously stated and entered in the transaction place, or in the course of entering and entering into the transaction ledger, and that the Defendant did not embezzled the price of the received amount.

2. In light of the following circumstances, the defendant's above assertion is not reasonable and it is sufficient to recognize that the defendant embezzled 75,00 won from H, in light of the following circumstances: (a) the defendant's amount of raw water collected from H.

In other words, the amount of KRW 75,00 is calculated by comparing the receipts that the Defendant prepared on each date and issued to H with the receipts that the Defendant issued to H, and the trading ledger with H.

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