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(영문) 서울중앙지방법원 2015.05.12 2014고단10143
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant jointly invested with the victim C and 100,000,000 won, and the victim D provide personal business name to take charge of the fund management affairs, and the Defendant decided to take charge of overall management affairs. On November 7, 2013, the Defendant jointly operated the business entity of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government “F” with its place of business.

1. Occupational embezzlement;

A. While carrying out the above duties, the Defendant agreed to use the model interference for the promotion of the company with the victim C, a total of KRW 10,000,000, as the cost of shooting and the costs of shooting and the costs of storage.

Therefore, the Defendant received a total of KRW 10,000,000,000 from the business-based commercial bank account managed by the victim D on November 22, 2013, and KRW 10,000,000 on November 26, 2013, and then embezzled KRW 3,000,000 among them for purposes other than model interference, and used KRW 7,00,000,00 for the remainder of KRW 7,00,000 for personal use around that time while the Defendant used it for purposes other than model interference and embezzled it for personal use.

B. Around January 2, 2014, the Defendant received payment of KRW 2,000,000 from the company bank account managed by the victim D at the place of the above company’s office, etc. and embezzled it for personal use around that time.

C. On March 1, 2014, the Defendant sold the products of the foregoing company, which was kept and managed in the underground floor of the building located in Seo-gu Incheon Metropolitan City, to China, and embezzled KRW 3,074,344, out of the sales proceeds received after being kept in custody for business purposes.

2. On November 22, 2013, the Defendant in breach of occupational duty, at the car repair shop located in Seocho-gu Seoul Metropolitan Government Seocho-gu, paid KRW 715,000 for the Defendant’s automobile repair cost by using the above “F’s cream card for business purposes.”

Accordingly, the Defendant is a co-operator of “F” in breach of occupational duties, thereby acquiring pecuniary benefits equivalent to KRW 715,00.

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