(영문) 인천지방법원 2020.11.20 2020고단3817

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자간(%)

(영문) 인천지방법원 2020.11.20 2020고단3817

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From around April 2011 to April 2019, the Defendant: (a) kept the victim E, victim F, victim G, victim H, victim H, and the victim I, who is an individual entrepreneur engaged in the business of operating a train in Jung-gu Incheon, Jung-gu, Incheon; (b) kept their passbooks, seals, and business registration certificates; (c) kept the books, seals, and statements of the allocation of the work site, the preparation of sales and settlement of accounts; and (d) deposited the fare (including surcharges) from the trader; and (d) performed the duties of settling accounts and paying them to the victims.

1. Around March 31, 2016, the Defendant embezzled money equivalent to value-added tax: (a) received supply value of KRW 4,200,00 in return for the Victim E’s for the work for which the Defendant possessed by the Customer J in Jung-gu Incheon, Jung-gu Office D; and (b) KRW 4,620,00 in addition to the value-added tax from KRW 420,00 in return for the said work; and (c) embezzled the value-added tax of KRW 420,00 for personal use, including living expenses, around that time; and (d) embezzled the value-added tax of KRW 1-1, 1-2, 1-3, 1-4, 1-5 in the attached list of crimes; and (e) embezzled the value-added tax of KRW 1-1, 1-2, 1-4, and 1-5 from June 10, 2014 to December 26, 2018.

2. From October 15, 2013 to December 28, 2018, the Defendant: (a) received KRW 100,000 working fares from the Customer K in return for the work carried out by the Victim F in the office of Jung-gu Incheon, Jung-gu, Incheon; (b) around that time, the Defendant embezzled the fare of KRW 2-1, 2-2, 2-3, and 2-4 as indicated in the attached list of crimes, such as embezzlement of arbitrarily consumed and embezzled the fare of KRW 57,360,00 for personal use, such as living expenses, etc.

The defendant of "200 Highest 3989" shall be the defendant on January 2, 2011.

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