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(영문) 청주지방법원 충주지원 2011.09.09 2011고단83
업무상횡령 등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

In early 2007, the victim C established a company called "D (hereinafter only referred to as "D") Company D (hereinafter referred to as "D") and has promoted a golf course construction project in the Chungcheong-si.

C around October 1, 2007, it purchased 2 E membership 1.5 billion won in order to promote D's sale of membership by inviting customers to E and explaining the distance, environment, etc. in Seoul.

However, E's operator demanded that he/she purchase membership rights in D, a competitor, and re-sale them. C, around October 4, 2007, proposed that the defendant purchase the above membership rights in the name of F Co., Ltd. (hereinafter "F") and accepted this.

Accordingly, C purchased two membership cards in the name of F, and designated “G” and “H” as its wife, which are its partners D.

On May 10, 2010, the Defendant changed the name of its member into “G”, “H”, and “K” to “G” and prevented C from using two of the above E memberships for the purpose of promoting D’s sale of membership.

Accordingly, the defendant interfered with the promotion of the victim's membership sales by fraudulent means.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of suspect examination of the accused (including C's statement);

1. Statement by the prosecution against C;

1. 각 회원증, 회원권 양도양수 승인신청서, 골프회원권 매매계약서, 사업자등록증, 인감증명서, 등기사항전부증명서, 정회원 이용변겅신청서, F 법인이용자 변경접수 확인요청 공문

1. Application of Acts and subordinate statutes to each investigation report (including attached documents);

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. The economic loss suffered by the victim under Article 62 (1) of the Criminal Act in the suspension of execution;

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