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(영문) 수원지방법원 안산지원 2013.05.29 2013고단477
횡령
Text

A defendant shall be punished by imprisonment for four months.

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

The Defendant, from June 10, 201 to August 201, 201, was a person who operated the “D key” as a victim C and Dong business in Ansan-si’s member B 1st underground floor B from Ansan-si to the end of August 201.

1. On May 201, the Defendant concluded a partnership agreement with the victim, stating that “the victim shall invest 60 million won in partner fees, and the Defendant shall be responsible for the management of the said business establishment, and the Defendant shall divide the remainder of profit excluding 3 million won in the name of interest on partner fees among the profits every month into half of the Defendant and the victim, and shall repay the principal of the investment after one year,” and received a delivery from the victim as its partner, of the total amount of KRW 60 million on May 26, 201, and KRW 15 million on May 26, 2011, and KRW 25 million on May 28, 201, and KRW 20 million on June 28, 2011.

However, while the Defendant kept the amount of KRW 60 million received as above for the victim, the Defendant arbitrarily consumed the amount of KRW 10 million for personal purposes, such as the Defendant’s living expenses, and embezzled at the place of Ansan City around that time.

2. On August 201, 201, the Defendant unilaterally closed the business without notifying the victim of the difficulty in operating the said business, and received the return from each lessor around February 2012, 2012, the sum of KRW 16 million, including the deposit for lease of 2,00,000 and the deposit for lease of 4,000,000,000,000,000,000,000,000,000,000,000 won, which

However, while the Defendant kept 16 million won of the lease deposit returned as above for the victim, he did not settle with the victim at the place in Ansan City around that time and embezzled for personal purposes, such as living expenses, etc. of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense ( comprehensively and severally, the choice of imprisonment);

1. Article 62 of the Criminal Act:

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