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(영문) 의정부지방법원 고양지원 2019.03.08 2016고단3294

횡령등

Text

Defendant shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months with prison labor for the crimes of No. 8 of the holding.

Reasons

Punishment of the crime

[criminal power] On July 14, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of interference with business, etc. at the Jung-gu District Court on July 22, 2016, and the said judgment became final and conclusive on July 22, 2016. On November 18, 2016, the same court sentenced two years of suspended execution to eight months of imprisonment with prison labor for embezzlement, and the said judgment became final and conclusive on January 24, 2017.

"2016 Highest 3294"

1. On June 7, 2013, the Defendant: (a) prepared an investment agreement stating that “the Defendant shall invest KRW 400 million in the E Care Center for a period of up to five years, and receive KRW 12 million every month from the proceeds of the investment” in the victim C and D’s E Care Center located in Gyeyang-gu, Gyeyang-gu; and (b) as a joint representative of the above Medical Care Center; and (c) accordingly, the Defendant used the F Bank account, etc. in the name of the Defendant as the passbook for the operation of the above Medical Care Center.”

A victim C delegated the operation of the above medical care center by D has been practically operating the E-Medical care center. From December 2014, the defendant and the victim have been disputing each other about the operation authority of the above medical care center.

Accordingly, on December 4, 2014, the Defendant reported that he lost a passbook and a check card connected to the above F Bank account under the name of the Defendant from the F Bank No. 133, May 4, 2014, the Defendant embezzled the total amount of KRW 24,418,916 for personal consumption or account transfer over 90 times from around that time to April 23, 2016, at the oil station of the trade name of the above account after re-issuance of the passbook and the check card. < Amended by Presidential Decree No. 25879, Dec. 13, 2014; Presidential Decree No. 2574, Dec. 13, 2014>

2. On June 29, 2015, the Defendant is a thief medical care center around 08:30.