(영문) 대구지방법원 2017.05.10 2016고정2341

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(영문) 대구지방법원 2017.05.10 2016고정2341

업무상횡령

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was in charge of delivery and collection of money at the grandchildren knife restaurant operated by the victim D in Daegu-gu, as an employee.

On October 10, 2014, the Defendant, at the above restaurant around 22:40 on October 22, 2014, embezzled the money for personal use, such as living expenses, etc. at around 20,000 won and the market price of approximately 2,100,00 won, which is the victim's possession, for the victim.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Written estimate;

1. Each investigation report (No. 1, 2, and 8) (Evidence List 1, 2, and 8) / The defendant and his defense counsel set the amount of KRW 200,000,000 as wages with the victim’s consent and returned on the day following the occurrence of the instant case, so the crime of embezzlement for business

The argument is asserted.

However, according to each legal statement of the witness F and G, the fact that the Defendant did not return the above KRW 200,000 can be recognized. Moreover, it is difficult to understand that the Defendant’s failure to return the above KRW 200,000 to the Defendant’s wages in the circumstance that the Defendant was driving the Oral Ba without contact with the victim and the damaged person was involved in an accident exceeding KRW 9,30,000 while driving the Oral Ba without contact with the victim, and the injured person reported the Defendant to the police.

In addition, according to the witness F and G’s respective legal statements, the fact that G was contacted with H 7 to 10 days after the date of the occurrence of the instant case and was found at a place where G was located at a reasonable distance from the said restaurant can be recognized.

Even if witness H’s legal statement, the occurrence of this case was returned to the victim on the day after the occurrence of this case.

Even if the defendant's act of bringing ozones without permission is "an objective act that can be perceived from the outside."

유사 판례

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