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(영문) 대구지방법원 2014.05.15 2013고단6608
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. The Defendant engaged in occupational embezzlement from June 201 to May 2013, 201, in the business of operating a group of “E” with the victim C and the victim C, Daegu-gu D Building 1714, and engaged in the business of managing funds of the said E.

Defendant,

A. A. Around March 28, 2012, around March 2012, 201, the Plaintiff was in custody of the Victim with the amount of KRW 50,000,000,000, out of the said amount paid from the Victim, and embezzled it by using the Defendant’s personal debt repayment, etc. without having paid it to the said F, or without having returned it to the Victim;

B. Around January 7, 2013, F (Representative G) had to pay KRW 4,00,000 to F (Representative G) who was in custody of the victim with payment from the victim. Around that time, he/she embezzled by using the aforementioned F to pay it to F or without returning it to the victim’s personal debt, etc. at his/her own discretion without returning it to the victim;

C. Around February 15, 2013, a public prosecution, the customer of the business, and H, have been deposited in the Defendant’s account and were kept for the victim. At that time, 8,000,000 won out of the above amount, or 8,000,000 won out of the above amount, are embezzled by using the Defendant’s personal debt repayment, etc. at his own discretion, rather than being incorporated into the E Operation Fund.

D. In the event of the occurrence of defective goods among the pre-existing Libers supplied by F (Representative G), a business partner on May 2013, 201, the Defendant, who received KRW 10,000,000 from F, as the refund of the transaction price for the non-born goods in the first place, was in custody for the victim. Around that time, the Defendant, without paying it to the victim or being incorporated into the E Operation Fund, embezzled by using personal debt repayment, etc., without being incorporated into the E Operation Fund, uses at will the Defendant’s own discretion the total amount of KRW 32,00,000,000 of the E’s operational fund, which was in custody for the victim.

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