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Reasons
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(영문) 수원지방법원 성남지원 2016.09.28 2014고단3123
업무상횡령
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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 16, 2011, the Defendant concluded a partnership agreement with the victim F to jointly operate an enterprise called “G” for online mail order and automobile appraisal on condition that all profits and expenses shall be distributed according to the aforementioned shares, and completed the registration of the business operator with the Defendant and the victim as joint business operators.

From December 16, 2011, the Defendant, from around December 16, 201, operated the said “G” jointly with the victim, engaged in overall management of the said “G,” such as fund management.

The Defendant: (a) around December 31, 2012, at the office of “G” located in Ischeon-si, the head of the G bank account (Account Number I) in the name of “G” for the purpose of the said “G; (b) voluntarily withdrawn KRW 144,410 around that time and disbursed as an electricity fee for an individual accommodation; (c) from that time until July 12, 2013, the Defendant embezzled KRW 307,370, 374, 374, 384, 385, 416, 422, 423, 423, 438, 441, 45, 461, 484, 485, 486, and 489, the Defendant arbitrarily embezzled the Defendant’s total amount of KRW 178,287,78,789 in the following manner: (d) from that time to July 12, 2013.

Summary of Evidence

1. Statement made by the witness F in the third public trial records;

1. Statement made by the witness J in the fourth public trial protocol;

1. Entry of part of the witness K in the sixth public trial record;

1. A written protocol concerning the examination of the accused by the prosecution (including the F part concerning the statement);

1. F statement made to the accused in each police suspect interrogation protocol;

1. Statement made by the police with respect to F;

1. A business contract and business registration certificate;

1. A detailed statement of transactions in the passbook, transfer of funds between the bankbooks, and withdrawal of company expenses;

1. A contract for the sale of remaining products or G successful bid;

1. The detailed statement of the settlement of accounts on the basis of the entry and withdrawal of the passbook and the settlement statement (the list Nos. 307, 370, 374, 416, 422, 423, 438, 441, 455, 461, 484, 485, 486, 489 are the personal accommodation of the defendant.

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