beta
(영문) 의정부지방법원 2017.04.21 2016고단3371

업무상횡령등

Text

In 4 months of imprisonment with prison labor for the crime of the first 11 of the judgment of the defendant, 2 months of imprisonment for the crime of the first 11 of the judgment.

Reasons

Punishment of the crime

On July 24, 2013, the Defendant was sentenced to 10 months of imprisonment with prison labor for embezzlement and 2 years of suspended execution, and the judgment became final and conclusive on August 1, 2013.

Criminal facts

"2016 Highest 3371"

1. From around 2014, the Defendant had been engaged in the business embezzlement as an agent in the auction of real estate while operating a business office with D from the government of the city C and C from the third floor.

A. On August 11, 2015, the Defendant entered into a bid contract with the victim E on the F Auction Cases at the above office, and deposited KRW 2,000,000 on the same day, and deposited KRW 19,183,230 with the balance on August 24, 2015, and embezzled the said amount with the Defendant’s business funds for the victim on his/her own since it did not receive a successful bid, while he/she was in custody for the victim.

B. On October 29, 2015, the Defendant entered into a bid contract with the victim G to the auction auction case at the above office with the Government District Court on the same day, and received KRW 7,040,00 from the remainder of 12,548,90 on November 25, 2015 to participate in the auction, but the Defendant did not receive a successful bid, but embezzled the said money on his/her own for the sake of the payment of personal debts at around that time.

Accordingly, the Defendant embezzled 40,772,130 won in total over twice.

2. A violation of the National Sports Promotion Act (Gambling, etc.) on or around August 1, 2015, the Defendant deposited KRW 300,000 from the national bank account (L) in the name of K (L) in the name of K, which is an illegal sports earth site and used by the Defendant to deposit KRW 300,000 with a new bank account in the name of (L) Ambagono, as shown in the list of crimes in the attached Table, and deposited KRW 73,930,000 in total with the company bank account in the name of L, limited liability company Big, and the company big data account in the name of L, as shown in the list of crimes in the attached Table, and deposited KRW 73,930,00 in the domestic open market.