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(영문) 서울북부지방법원 2016.09.21 2016고단1976
횡령
Text

The Defendants are not guilty. The summary of the judgment against the Defendants is published.

Reasons

Defendant B, on January 201, appears to be erroneous in the facts charged regarding Defendant B’s name and share ratio between Defendant 53%, G28%, H10%, H10%, J7%, K7%, and K7% partners’ name and share ratio, as delineated below.

A joint investment of money according to the ratio is operated as a m "M" bed restaurant in Sungnam-gu L (hereinafter "the restaurant in this case"), and the defendant is in charge of the business and settled accounts once a month, divided the profits according to the ratio of shares with the victims, and in principle, the entire share sales is made at the time of selling shares, but if a part of the partner sells at an initial investment cost not exceeding KRW 700 million or sells it individually, the above restaurant was operated since that time after concluding a partnership agreement with the partner's meeting to obtain the consent of the whole partner, and the defendant A was in charge of the above b's south-dong with the above 200,000 won a monthly wage from the above mar.

1. On August 31, 201, the Defendants conspired to embezzlement of funds operating the restaurant, to raise the amount of KRW 500,000,000 to Defendant A’s wages at the above “M” restaurant, without the consent of the victims, and to use KRW 500,000,000,000 in excess of the amount agreed with the initial victims as wages to Defendant A, and embezzled it by using Defendant A’s personal living expenses, etc.

From that time until May 31, 2012, the Defendants embezzled the total amount of KRW 10,69,060 from the victims and the total amount of funds for the operation of the restaurant operated by the same business with the victims on a total of 23 occasions, as indicated in the list of crimes, using them as personal living expenses of the Defendants.

2. The Defendants’ embezzlement proceeds from the disposal of the restaurant is that the sales of the above “M” bed restaurant is low, thereby increasing the number of winners, and the above restaurant is arbitrarily invested.

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