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(영문) 서울북부지방법원 2017.11.16 2017고단3588
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From the beginning of August 2013 to February 2, 2016, the Defendant agreed to take charge of the management and settlement of profits in the game room and provide the game room facilities in Seongbuk-gu Seoul (Seoul) B, Seongbuk-gu (hereinafter “C”), and the victim D agreed to share profits to 3:7.

On April 30, 2014, the Defendant: (a) taken out KRW 50,00 under the name of 4-month membership fee of the National Computer Federation of Korea; (b) embezzled personally, and used it; and (c) used the total amount of KRW 8,073,970, which was taken out under the name of Korean computer central membership fee, employee’s pay, rent, and electricity fee, from around that time to April 30, 2016, as stated in the attached list of crimes.

Accordingly, the defendant embezzleds the property of the victim who has been kept in business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of a promissory note, a process deed, a copy of a certificate, a copy of a letter, and a certificate of content;

1. A copy of each fact-verification, each prior notice of termination of the electric utility contract;

1. A copy of the details of comprehensive customer information;

1. Settlement of accounts for underground entertainment rooms (related to rents);

1. Other specifications (related to mechanical repairs);

1. Copy of the certificate of transfer;

1. A copy of a contract for lease of the main body of a computer or commercial building;

1. Certification (C) of the closure of business, a copy of the electric safety inspection certificate, and a copy of the receipt;

1. A copy of the settlement details related to the instant electrical construction, a copy of the settlement details related to the instant construction charges, a copy of the settlement details related to the wages of employees under paragraph (2), a copy of the settlement details related to the instant construction charges, a copy of the settlement details related to the instant construction charges, a copy of the settlement details related to the instant construction rents under paragraph (5), a copy of the relevant settlement details, such as the 6th holiday allowances, a copy of the settlement details related to the payments of electric power charges, and the application

1. Relevant legal provisions, Articles 356 and 355 (1) of the Criminal Act concerning criminal facts, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under the Criminal Act;

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