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(영문) 인천지방법원 2016.09.28 2016고단1049

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 3, 2014, the Defendant entered into a partnership agreement with the victim C and D to establish “E” and jointly operate “E” for the freezing fishery products import and sale, and to divide the profits therefrom equally among three persons.

According to the above agreement, the defendant registered the business in the name of the defendant with the trade name "E" located in the Yeonsu-gu Incheon and 202, and opened the agricultural bank account in the name of the defendant (G) and kept the money transferred by the damaged person, and has been engaged in the business of using the money for the operation of E.

1. On December 12, 2014, the Defendant sent the amount of money that the Defendant received from the victim at the above E office around December 12, 2014.

In other words, the injured party requested the transfer of KRW 56,00,000 to the above Agricultural Cooperative account as the price for tending income, and then he deposited it in the course of business, he withdrawn KRW 500,000 on the same day, KRW 200,000 on the 19th day of the same month, and KRW 800,000 on the 30th day of the same month, and embezzled at will for personal use each time.

2. On March 10, 2015, the Defendant received remittance of KRW 80,000,000 from an injured party to the said Nonghyup Fund account for the purpose of selling tending income, and kept it for business purposes:

A. By withdrawing KRW 4,145,894 from the agricultural training place located in Yeonsu-gu Incheon Metropolitan City No. 221, March 11, 2015, the Defendant’s wife, using KRW 2,774,850 among these withdrawals as the purchase price and insurance premium for a vehicle in the column, which is a personal vehicle under the Defendant’s wife H, and using KRW 262,114 among them as a living expense for purchasing salt, fry, etc. used at the Defendant’s home;

B. On March 15, 2015, KRW 102,000 from the above E office, and KRW 100,000 on March 18, 200 from the Defendant’s wife’s account by means of Internet banking, and used for personal purposes;

C. In light of the 147 No. 147’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea