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(영문) 수원지방법원 평택지원 2019.05.09 2018고정473
업무상횡령
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operated a D bus owned by the victim C in the victim C corporation located in Ansan City B from April 2015 to September 2017.

On May 2016, the Defendant embezzled the victim’s property by arbitrarily disposing of the victim’s property to the injured party during his/her business keeping of spacker and spacker equipment, the market value of which is approximately KRW 1.650,000,000, which is the victim’s property owned by the bus.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Each investigation report (including attached documents) (including attached documents), stating that a bus including scackers and scackers was not embezzled because it was owned by the defendant, but even if the defendant used the bus by scackers Co., Ltd., the above bus does not constitute embezzlement, barring special circumstances such as the defendant agreed to hold the ownership of the bus between the above company and the above company, the above bus is owned by the above company as its registered titleholder and is not owned by the defendant (see, e.g., Supreme Court Decisions 85Do899, Sept. 10, 1985; 2000Do5767, May 30, 2003). The disposal of the equipment, such as scackers, etc. which the defendant had existing without the victim's consent constitutes embezzlement. The victim's argument is not accepted.) application of statutes.

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

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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