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(영문) 서울북부지방법원 2016.09.23 2016고단490

업무상횡령

Text

The sentence of sentence against the defendant shall be suspended.

6,000 won out of the litigation costs shall be borne by the defendant.

Reasons

Punishment of the crime

The Defendant, along with D and the victim E from June 200 to March 2009, operated the “G dental clinic” from March 2009 to December 2013, 200, along with the victim, as the partnership business, from Dobong-gu Seoul Metropolitan Government “G dental clinic” (hereinafter “the instant dental clinic”), and was engaged in the business of managing all revenues and expenditures of the said dental clinic.

1. The Defendant, while managing the account in the name of a national bank (H and one person’s account for management of investments) in custody of the remaining money after disbursement from the revenues of the instant dental license, purchased financial instruments with the said money, generated profits therefrom, and purchased a deposit certificate (the national bank I) with the amount of KRW 30 million withdrawn from the said account on August 6, 2008, under an agreement with the victim who would use the said money for the operation of dental services.

After that, on August 6, 2009, the Defendant received 31,637,257 won from the maturity of the above financial product and embezzled by deposit to the national bank account (J) in the name of the Defendant personally used by the Defendant and using it for the personal purpose while being kept for the victim.

2. Under the agreement with the victim who would purchase and rent a commercial building as the surplus funds of the instant dental services and cause rent-making profit, the Defendant purchased and leased the commercial building to L, etc., by adding the money borrowed from agricultural cooperatives under the name of the Defendant to the surplus funds of the instant dental services, and leased the commercial building of Dobong-gu Seoul Metropolitan Government to L, etc.

After that, the Defendant received monthly rent of the above commercial building from the national bank account (J) in the name of the Defendant who is individually used by the Defendant, and some of them transferred to the agricultural bank account (M) in the name of the Defendant and used it for dental business such as using the above loan in repayment of the loan, and used the remainder for the personal purpose from time to time.

Therefore, from January 10, 2008 to June 8, 2012, the Defendant entered the list of crimes (1) as shown in the attached list of crimes.