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(영문) 서울중앙지방법원 2016.11.23 2016고정1351

업무상횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, around March 2013, invested KRW 30 million with the victim D, and entered into a business agreement with the Gangnam-gu Seoul Metropolitan Government E-4 to operate a "F" club overallly, and divide the operating profit into 1/2 with the victim, thereby running the above health club. The Defendant is a person who has been engaged in the business of revenue and expenditure management of the above health club.

From April 4, 2013 to October 4, 2014, the Defendant arbitrarily consumed KRW 39,600,000 at the time of keeping for a victim, and embezzled the amount of KRW 83,282,093 for use as operating expenses of a club, after receiving tuition fees from the National Bank Account in the name of the National Bank Account (number : 1), the National Bank Account in the name of the Raypppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, L, J and H;

1. A full statement, a deposit transaction statement, each document, and each document of passbook transactions, a normal expenditure statement, a statement of employee's benefits, and an ambiguous use statement;

1. Application of Acts and subordinate statutes to report on investigation (report attached to materials submitted by a suspect);

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;