(영문) 의정부지방법원 고양지원 2017.10.20 2017고단722

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(영문) 의정부지방법원 고양지원 2017.10.20 2017고단722

업무상횡령

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is in the job position of having the E agency located in Seoyang-gu, Goyang-gu from March 2, 201 to February 29, 2012 as the victim F and the person engaged in the same business as the victim, and is in the position of keeping the partner’s money for the victim.

Nevertheless, on January 19, 2012, the Defendant arbitrarily used KRW 68,715,259 out of the trade funds from May 201 to February 29, 2012, for the purpose of purchasing automobile and living expenses, as a partner with the victim who was kept by the Defendant, as well as arbitrarily used KRW 5,150,000 from May 19, 201 to February 29, 201.

As a result, the defendant embezzled the partner's money kept on duty for the victim without the consent of the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness F;

1. The first and second suspect examination protocol against the accused (No. 13, 17 No.);

1. Copy of the passbook, text of the ruling, money borrowed, details of the passbook transaction, and written waiver of the same business; and

1. In the investigation report (Submission of Materials and Application for Business Registration) / [The Defendant only started to run an agency with the victim's loaning KRW 60 million to the victim, and operated the agency independently, and since the victim did not have a business relationship with the victim, it is alleged to the effect that the victim did not have a status to retain another's property in relation to the victim. However, the following facts and circumstances, which can be recognized by the evidence duly adopted and investigated by the court, are stated to the effect that (i) the victim stated to the effect that there was an agreement between the investigative agency and the defendant to operate the instant agency jointly, and (ii) the Defendant voluntarily stated to the effect that he was in a business relationship with the victim, and (iii) the Defendant was merely in a business relationship with the victim, as alleged by the Defendant.

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