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(영문) 춘천지방법원 강릉지원 2017.10.17 2017고합29

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On April 1, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) with the victim E in the Dong Sea as a partnership business. The Defendant borrowed 330,000,000 won from the victim’s mother D to his partner deposit, and the Defendant invested the “F Parts Agent” in the business right, and the victim is in charge of the business of delivering the parts of the said parts, the Defendant is in charge of the delivery of the parts to the said agencies, the collection of the parts and the management of the funds of the said agencies, and the Defendant and the victim are in charge of the business of operating the corporate card to use for the payment of the amount of KRW 5,00,000 per month and the amount of the victim’s credit card to pay D

On April 23, 2014, the Defendant arbitrarily used total of KRW 705,680,000 for the purpose of gambling fund by remitting KRW 200,00 to the account (J) in the name of one bank account in the name of “partnership Company I”, which is an illegal sports gambling site deposit account, from the Nonghyup Bank account in the name of the Defendant (H) at the above parts agency office, etc. located in G at the Dong Sea as of April 23, 2014, as shown in attached Table 1, from around that time to December 9, 2016.

As a result, the Defendant arbitrarily used a total of KRW 705,680,000 among the trade funds kept in custody for the victim.

2. No person who violates the National Sports Promotion Act shall gambling by using a prohibited act that prevents a person, other than the Seoul Olympic Games National Sports Promotion Foundation or an entrusted business entity, from providing good profits in property or property, by issuing voting rights for sports promotion or things similar thereto;

Nevertheless, on April 23, 2014, the Defendant illegal Internet using his cell phone and office computer in the office of “Lpart agency” located in K in the East Sea.