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(영문) 의정부지방법원 고양지원 2016.07.21 2016고단523

횡령

Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 6,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

The Defendants are partners of E Company E located in Ilyang-gu, Busan Metropolitan City (Defendant A is the representative in the name of the defendant, Defendant B is the actual operator), and the victim F is a person who operates H Company in Gyeyang-gu G in Yangyang-gu, Yangyang-gu.

On June 28, 2013, the Defendants entered into a partnership agreement with the victim to make an investment in the non-transaction between the victim and the E company, and to receive 60% of the profits from the transaction at the office of the said H company. On the 28th of the same month, the Defendants opened the national bank account (Account Number I) in the name of the defendant A, and then the victim kept the passbook, stamp, cash card, OPT card, etc. to manage the said account.

Defendants worked together with them

When the J is likely to not pay the goods on credit, etc. to the other business party on the wind which is locked by the business party upon receiving the transaction amount from the other business party, it reported the loss of the above account and changed the seal imprint, and, when the goods amount is paid from the Lenenenenenn visa, it was thought that the money was transferred to the Agricultural Cooperative Account (Account Number K) in the name of the defendant to be used as the goods on credit of the other business party.

Accordingly, on April 2, 2014, Defendant A transferred KRW 27,150,00 that was remitted to the said national bank account on April 17, 2014 and KRW 17,675,00 that was remitted on May 8, 2014 to the said national bank account without the consent of the victim who is the partner of the said bank, and then used the transaction price of the transaction partner’s goods, liquor, food, etc., after transferring the amount of KRW 27,150,00 that was remitted on April 17, 2014 to the said national bank account under the direction of Defendant B.

As a result, the Defendants conspired with the victim and embezzled the total amount of KRW 44,825,00.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement of F in the first interrogation protocol against the Defendants in the first interrogation protocol

1. The details of passbook transactions and financial transactions;