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(영문) 수원지방법원 2015.01.21 2014고단4568
업무상횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

From April 13, 2013, the Defendant served as the chief of a steel-replacer in the construction site of the E-high school located in Jincheon-gun, Chungcheongnam-gun, the Defendant, from around April 13, 2013, as the victim C, and was in charge of the payment of labor costs to the steel-replacer who provided labor.

The defendant from around that time to the same year

9. By the end of 17.17. F.M. labor cost of 6,825,00 won for 6-month labor cost of F. F.M. service cost of 2,377,500 won for 7-month labor cost of F. H., labor cost of 1,004,000 won for 8-month labor cost of F. F. H. service cost of 2,50,000 won for 1,050,000 won for 1,575,000 won for E.M. and 15,31,500 won for E.M. for 1,575,000 for E.M. for E. and 15,331,500 won for E.M. for E. to the account under the name of Defendant by the J, an employee of the above company, without using the labor cost for E.M. for the victim’s personal use, such as machinery rent, etc. around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement to J and K;

1. A letter of payment and dismissal of wages;

1. Written agreements on official duties;

1. Application of written confirmation of details of transactions statutes;

1. Relevant Articles 356 and 355(1) of the Criminal Act concerning criminal facts (to choose a fine in consideration of all the circumstances, including the fact that his/her mistake is pened, that he/she seems to have paid all the money to the steel workers who are the actual victims, and that the amount of damage is a relatively small amount);

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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