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(영문) 수원지방법원 성남지원 2014.10.01 2013고정2066

업무상횡령

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Criminal facts

Since June 10, 2004, the defendant has been engaged in the collection of sales agency fees and the overall management of the victim C as the actual operator of the victim corporation C, which is located in the Silified City from June 10, 2004.

On September 9, 2011, the Defendant: (a) collected 40,900,000 won from E, a company in charge of building D at the above victim C office, which is a company in charge of building D in terms of harmony, and was kept in custody for the victim; (b) around that time, the Defendant embezzled KRW 10,90,000,000 out of the above 40,90,000 won for personal purposes, such as

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F and G in part;

1. Some statements concerning the defendant during the fourth police interrogation protocol;

1. Receipts (number 26);

1. The defendant's assertion on the investigation report (the amount of the commission for sale and the correction of the amount of embezzlement) asserts that since the defendant's claim on the sales agency fee was transferred from C Co., Ltd. (hereinafter "C"), the defendant is not in the position of the manager of the business of the above company, and there is no intention to acquire illegal profits since he/she used the total amount of the money deposited in full

In this case, the defendant transferred the claim of this case from C on July 5, 201 and received 40,90,000 won from E Representative G Co., Ltd. around September 9, 2011. However, in this court, the defendant stated in this court that C's actual manager is the defendant, and F is the representative director, and that C's actual manager has received the claim of this case from G in order to facilitate debt collection, and the witness F made statement to the effect that he was unaware of the fact that he was not aware of the fact that he was transferred the claim of this case, F made the defendant's claim of this case, and it was expected that he can receive the claim of this case if the defendant was able to pay the sales agency fee of this case.