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(영문) 서울북부지방법원 2014.11.20 2014고단1565

업무상횡령

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of five million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A On August 23, 2013, the Seoul Northern District Court sentenced two years of suspension of execution to ten months of imprisonment for fraud, and the judgment became final and conclusive on the 31st of the same month.

Defendant

A From October 201 to January 25, 2012, Defendant B, from October 201, to October 25, 201, and from October 201 to January 25, 2012, each victim D’s “EAD” has engaged in counseling services for students and in receipt of school expenses.

In order to use the existing debts for the repayment, the Defendants planned to use part of the funds for the collection of private teaching institutes fees from their respective private teaching institutes after embezzlement.

On November 10, 201, the Defendants received KRW 250,000 from private teaching institutes G in cash and kept for the victim, without supporting documents, such as not keeping cash receipts but not entering the daily settlement table for the victim, and used them for personal purposes such as debt repayment at the city of Seoul.

In addition, the Defendants received private teaching institute expenses at the same place from around that time to January 22, 2012, as indicated in the attached list of crimes, or transferred money to Defendant A’s father’s H account or Defendant B’s account in cash, and used the money for personal purposes, such as repayment of debts, etc. at the city in Seoul, around that time.

Accordingly, the Defendants conspired and embezzled total of KRW 12,450,000 on 49 occasions.

Summary of Evidence

1. Defendants’ legal statement

1. Each prosecutor's protocol of interrogation of the Defendants (including D and I's substitute part)

1. Copy of the bankbook and details of each passbook transaction; and

1. Previous convictions in judgment (defendant A): Application of Acts and subordinate statutes to report criminal records, previous criminal records, and results of confirmation;

1. The relevant Article of the facts constituting the crime and the defendant A who has chosen a sentence: