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(영문) 창원지방법원 2016.06.16 2014고단3038
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On March 20, 2009, the Defendant was sentenced to three years of imprisonment with prison labor for the crime of arsoning the building at the Changwon District Court, and completed the execution of the sentence in the Tongwon detention house on December 19, 201.

around 15:00 on September 22, 2014, the Defendant: (a) was a delivery employee of the “D” restaurant operated by the victim C at the window B at Changwon-si, Changwon-si; (b) was engaged in the ECA 1105 ECA 1105 service for food delivery and collection of money at the market price of the victim’s possession; and (c) was kept in business for the victim, such as cash, and cash, such as cash, cash, etc. at KRW 146,000 on the same day; and (d) was embezzled without returning to the victim at around 20:0 on the same day without returning to the victim; and (e) was embezzled by arbitrarily consuming from Changwon-si, Changwon-si.

Defendant 2, 2015 Highest 2199, had no place of residence and had a disguised employment due to lack of living expenses, to bring money out of the place of residence.

From 09:00 on May 19, 2015, the Defendant worked in the “H” restaurant operated by the victim G in Changwon-si, the Defendant voluntarily consumed the cash without returning it to the victim and without returning it to the victim at around 16:00 on the same day, while working in the “H” restaurant operated by the victim G, and serving in the delivery and teaching service, the amount of which is KRW 118,50, 300, 300, 3000, and 2 million,000,000,000,000,000, for the victim’s market price.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

"2014 Highest 3038"

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

1. A written statement prepared in C;

1. "Protocol of seizure" 2015 Highest 2199;

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

1. A written statement of the G production;

1. Investigation report (report on recovery of stolen soil and sand): "Before the judgment;

1. Inquiry about criminal history;

1. A report on investigation (a copy of the judgment attached);

1. Application of Acts and subordinate statutes on the current status of individual reduction and expropriation;

1. Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense;

1. Punishment;

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