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(영문) 수원지방법원 2015.06.10 2014고단6637
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 1, 2011, the Defendant transferred the right to operate Suwon Parigto E on the Internet to the victim E, and agreed to receive part of the profits from the victim, and was engaged in the execution of the operating expenses for the victim by receiving the participation expenses from the camping team participating in the above Saturdays.

The Defendant received a total of KRW 93,500,000 from the Cample that participated in the said Saturdays from September 30, 201 to September 23, 2012 from around September 2012, and was kept in custody for the victim on his/her duty. At that time, the Defendant did not settle the remainder of KRW 67,129,390, excluding KRW 26,370,610, which was paid for the use of sports grounds, etc., and embezzled the remainder of KRW 67,129,390, which was consumed voluntarily by the Defendant’s living expenses, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal testimony of E and F respectively;

1. Statement of the police statement of E;

1. Business registration certificate (E), certificate of deposit, etc., transfer results, etc., status of Saturdays's subscription and details of deposit, details of account transactions of community credit cooperatives (G), and statement of Saturday's disbursement;

1. Investigation Report (Confirmation of Payment of Expenses for Saturdays) [The defendant and his defense counsel held in excess of the victim's right of operation of Suwon Searigs in November 1, 2011, but (1) the participation expenses received by the defendant prior to the above date belongs to the defendant in 2012, and the defendant has the power to disburse in connection with the operation of Saturdays. (2) The participation expenses for the Ririgs were legally remaining in the defendant (the payment of the expenses for the Rigs received after the above date). (3) The defendant was only under the premise of settlement that he was paid the expenses for the participation related to Saturdays in 2012 to be distributed at the end of 7:3 at the end of 2012, and the defendant was duly entitled to pay in advance the expenses for the participation related to Saturdays in the whole charges of this case.

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