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(영문) 인천지방법원 부천지원 2019.10.30 2019고정610
업무상횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant has been engaged in the business of delivering and supplying food materials, such as rice, kimchi, etc., in the victim C Incorporated Corporation run by B from June 2017 to November 2018.

From July 6, 2018 to November 9, 2018, the Defendant embezzled total of KRW 19,831,700,000 for food materials received from six members in the same manner, as indicated in the attached crime list, while he/she was in business custody for the said company by collecting food materials sales proceeds of KRW 6,30,00 for 6.3 million from the F restaurant operated by E in Ansan-si, Ansan-si.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement concerning B;

1. Police investigation reports (including statements, etc. by a complainant), investigation reports (to each customer telephone conversations), investigation reports (Submission of detailed statements of account transactions) and accompanying materials, investigation reports (in cases of incentives, etc. claimed by a suspect);

1. Written statement of performance of the obligation, written confirmation of payment details, G Trading Director, H (I) Trading Director;

1. Application of the Acts and subordinate statutes to photographics by cutting a J restaurant business conversation and cutting a photograph, a text message, a K cafeteria trading president, and a text message;

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 (1) 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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