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(영문) 수원지방법원 성남지원 2016.02.16 2015고정934

업무상횡령

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who actually established an English private teaching institute located in Sungnam-gu, Sungnam-si, Da 128 in cooperation with the victim F and operated the said private teaching institute until December 31, 2013.

1. The defendant was on duty as an instructor at a point in E, a stock company, and received 5,00 won at a time;

G, in excess of urgency, KRW 1,800,00 on August 2, 2013; and KRW 2,070,530 on August 31, 2013; and

9. After remitting KRW 3,170,000 over two occasions on August 2, 2013, G to KRW 1,800,000 over two occasions on August 2, 2013, and KRW 1,50,000,00 over two occasions on August 31, 201; and

9. Around 28, 200,000 won and 1,085,000 won and 5,385,000 won were refunded over two occasions on the 29th day of the same month, and embezzled on behalf of the victim, using them for personal reasons, etc. while being kept in the course of business for the victim.

2. On December 2, 2013, the Defendant paid KRW 480,000 to the victim F, and paid KRW 960,000 to the victim’s joint funds, and purchased each of the two computers from December 31, 2013 to the victim’s one, and embezzled each of the two computers with the victim’s 1,440,000 won in total, without returning to the victim’s side, even though the Defendant retired from the said Company on December 31, 2013.

3. From May 17, 201 to November 21, 2013, the Defendant received KRW 10,123,000 from the students of private teaching institutes as shown in the attached Table 1 and Table 2 from around May 17, 201 to the passbook in the name of the Defendant (crime chart 1) and transferred the same to the passbook in the name of the Defendant’s living together with H (crime chart 2) and embezzled it for the victim on his/her business on his/her own, on the part of his/her personal name.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Statement of the police statement related to G;

1. A written statement of I;

1. Police seizure records;

1. A written confirmation of transfer transaction;

1. Each account of passbook;