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(영문) 부산지방법원 2016.05.19 2016고단512

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 7, 2014, the Defendant proposed that “a store was located on the second floor of the Busan D D D building, with a deposit of KRW 100 million, monthly rent of KRW 15 million, making an investment of KRW 200 million, and operating the house together with each other,” and received an investment of KRW 200 million from the victims from June 7, 2014 to July 25, 2014, the Defendant led the operation of the said house and decided to operate the house in proportion to their respective investments.

Since August 17, 2014, the Defendant had the victims operate the said house with the trade name of “E” from around August 17, 2014, the Defendant discontinued the said house in fact on March 31, 2015 without notifying the victims of the closure of the business, and reported the closure of the business on May 31, 2015.

The Defendant sold goods, such as the kitchen, etc., after the closure of the said apartment house business as above, and received KRW 30 million around April 2, 2015, around April 7, 2015, and KRW 10 million around April 7, 2015, and then embezzled KRW 25,40,000,000,000 from the Agricultural Cooperative’s account under the name of the Defendant, and collected rent in arrears on the same day, and the lessor (the State) returned the rent from the Arabic, and embezzled KRW 33,866,330,00,000,000, which was kept for the victims, for personal purposes, such as the Defendant’s personal credit card payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the defendant's statements B and C among the suspect interrogation protocol against the defendant

1. Each police statement protocol against C, G, and B;

1. Each complaint;

1. Application of the details of transactions of passbook A, receipt of a report on discontinuation of business, and store lease contract statutes;

1. The relevant Article of the Criminal Act and Article 355 (1) of the Criminal Act regarding criminal facts, the reason for sentencing of sentence of imprisonment [the scope of recommended sentence] shall be the first type (less than 100 million won).