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(영문) 대전지방법원 공주지원 2018.07.20 2017고단496
횡령등
Text

Defendant

A shall be punished by imprisonment for six months.

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

(e).

Reasons

The criminal history room (Defendant A) Defendant is the director of three business offices, such as three types D E business offices.

On September 2016, the Defendant decided to take over the business of home-type distribution with the victim F, B, and investment ratio as 10%, 77% of the victim F, 2016, and 10% of the victim B.

Therefore, the Defendant, at the office of H business located in Sejong-si G on September 26, 2016, included “the total amount of investments is KRW 210,000,000,000, and the acquisition price of the business place is KRW 148,50,000,000,000,000,000,000,000,000,000,0

“.” On September 29, 2016, the Defendant deposited KRW 20 million with the Defendant’s account (J) and deposited KRW 161,70,000 from the Victim F by October 10, 2016, and deposited KRW 182,70,000 for the victims, including KRW 161,70,000 from the Victim B, and KRW 21,000,000 from the Victim B.

The Defendant, from K on September 30, 2016, is “M” as “M,” but it is obvious that it is a clerical error and recognized.

Although E’s place of business was taken over in KRW 12,3247,840,00 which was less than the expected acquisition price, the victims did not be informed of the fact. The facts charged in the indictment from October 7, 2016 to October 31, 2016 are as follows: “from October 10, 2016 to April 6, 2017, the facts charged are as follows: (a) the total sum of the transfer details of deposit and withdrawal transactions and the account transaction details of KRW 34,80,000 from October 31, 2016 to a separate account; and (b) the time and termination period of embezzlement are modified accordingly.

A total of KRW 37 million has been consumed and embezzled as operating expenses of other home-based sales offices operated by the defendant.

Summary of Evidence

1. Witness B and each testimony of F;

1. A protocol of examination of suspect against the defendant A (No. 43 No. 5 of evidence record);

1. Contracts for transfer of E/N business, and contracts for shares;

1. Details of entry and withdrawal transactions (No. 34 No. 1 of evidence records), account transactions (Evidence No. 1 of evidence records).

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