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(영문) 제주지방법원 2020.09.25 2020고단1313
횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On November 2017, the Defendant entered into a franchise consulting contract with the victim B and Jeju to use the above carpet space, proposed a carpet new and trade name, etc. On May 2018, the Defendant: (a) requested the victim to add the above carpet complex E-dong and complex outdoor lighting to the above carpet complex; (b) decided to pay the expenses incurred in the above carpet complex; and (c) subsequently agreed to hold a subsequent consultation after the completion of the construction; and (d) if the victim deposits the funds to be used as construction expenses to the F Bank account in the name of the victim, the Defendant used the money in the above account as construction expenses; and (d) while keeping the money deposited in the above account for the victim by making a subsequent settlement, the Defendant deposited part of the money in the above account with the Defendant’s personal cash-free account for the purpose of using it; and (e) deposited part of the money for the above account with the Defendant’s personal cash-free account.

On June 22, 2018, the Defendant deposited 6 million won into the F Bank account of the said victim in cash, and then deposited 6 million won in the F Bank account (Account Number: H) under the name of the Defendant, and used 5,524,745 won to pay the Defendant’s personal card price and embezzled 26,439,732 won in total for the personal purpose from around 25th of the same month to October 15, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. An investigation report (to be accompanied by data submitted by an appellant) and an account of the suspect from the account of the victim;

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