(영문) 서울중앙지방법원 2017.01.11 2015고단7100

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(영문) 서울중앙지방법원 2017.01.11 2015고단7100

업무상횡령등

Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the charge of fraud on February 2015 is not guilty, and the charge is not guilty.

Reasons

Punishment of the crime

The Defendant, from June 2014 to June 2014, established the Fund in the Dispute Resolution Co., Ltd. with the victim E, and the victim shall invest in the Fund, and the Defendant agreed to be in charge of the business and served as the representative director of the company from March 2015.

The defendant was in custody of 172 million won in the name of the defendant in the name of the defendant with remittance from the damage to the Korean bank account, corporate bank account, corporate company bank account, corporate logistics business-related bank account, etc.

During that period, the Defendant: (a) transferred KRW 50,00,000 from the company’s business purpose account to the bank account under the name of the Defendant on July 6, 2014, using the fact that the victimized party only invested funds and does not directly participate in the company’s operation; (b) transferred KRW 25,710,000 from the company’s account to the Defendant’s account; and (c) arbitrarily used KRW 59,301,50,000 for personal purpose, such as taxi expenses and the cost of purchasing goods for convenience stores around that period; and (d) transferred the total amount of KRW 25,710,00 from December 11, 2014 to the Defendant’s account; and (e) voluntarily used KRW 10,500,000 for personal purpose, including embezzlement, GH, and 150,005,000 for personal purpose; and (e) as in the attached list of crimes (2) as in the list of crimes.

The Defendant, from June 2014 to March 2015, 2016, hereinafter “2016 Highest 3216, the Defendant engaged in the same work with the mother of the victim D, E, and operated the F.

Around August 2014, the Defendant made a false statement to the effect that “I would inform the victim D of the practice of trade in China,” and “I would return the principal and 1.2-2% of the profits after the company sold cosmetics to the Chinese Chinese Chinese Chinese, by wholesale, after leaving the profits.”

However, the facts are used to pay the defendant's personal debt even if it remains after receiving investment from the damaged person.

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