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(영문) 창원지방법원 통영지원 2015.06.11 2014고단1064
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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, along with the victim C and D, jointly operated Kim Gbed Kim, and divided monthly revenues, and from October 201, from the Busan Si-Gu E 102 123 of the 102 Ga-dong 123, the Defendant operated the FJ with the said victims and Kim Han-dong.

The Defendant and the victims opened the KB National Bank account and the Busan Bank account under the name of the Defendant’s husband in order to manage the profits generated from the above F restaurant and to use the equipment, food materials, etc., and issued Samsung Card, and the Defendant has been engaged in the management of operating funds and profits by using the above account and card from the above date and time.

The Defendant received KRW 25,361,299 from a new card company to the aforesaid account for 471 times from August 21, 201 to November 8, 2013, and received KRW 25,361,29 in total from a new card company to the aforesaid account, and transferred KRW 11,192 in total from August 21, 201 to a new bank account under the name of G (H). From around October 5, 201 to around November 5, 201, the Defendant deposited KRW 11,192 in the above new bank account with the above new bank account as shown in the list of crimes (1) in the attached Table of Crimes (2), the Defendant deposited KRW 25,361,29 in total from August 21, 2012 to the National Bank and Busan Bank account, among the profits managed by the National Bank and Busan Bank account from August 21, 2012 to November 8, 2011.

On October 14, 2011, the Defendant consumed KRW 23,213,447 in total over 283 times from that time to November 9, 201, including arbitrarily consumed KRW 103,970 as Internet usage fee, as shown in the attached crime list (3) from that time, according to the mind of personal use, such as taxi fee and coffee value.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Partial statement of the defendant;

1. C. A. witness and D.

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