(영문) 수원지방법원 평택지원 2017.06.14 2016고단2618

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(영문) 수원지방법원 평택지원 2017.06.14 2016고단2618

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 1, 2008, the Defendant and the victim C, victim D, victim E, victim F, and other five persons agreed to purchase and sell 3,000 thum trees with the funds jointly invested by the five persons and cultivate them for five years. On the same day, Defendant 31 million won, victim C1, million won, victim D5 million won, victim E five million won, victim F5 million won, and 3,000 won in total for 3,000 won in Won-si G. The main management of pine trees is the Defendant, but the Defendant will take charge of the management of pine trees, and will comply with the decision of at least a majority of the partners with respect to disposal of pine trees.

Since then, around March 31, 2009, the defendant, the victim C, and the victim D purchased 3,000 MM with joint investment funds by three persons, and agreed to engage in a club business for cultivating and selling them for five years. On the same day, the defendant 3,98 million won, the victim C10 million won, and the victim D five million won in total, and planted the above 3,000 won to H and I in the same city as the original city, and the main management of the pine trees was in charge of the defendant, but with respect to the disposal of pine trees, the defendant would follow a decision of more than a majority of the partners.

As a result, the Defendant was engaged in the management and custody of the said pine trees 60 million Won (a total of 100 million won, Defendant’s investment fund 708 million won) for the victims in the same business relationship, and was engaged in the business of managing and keeping them. From May 2013, the Defendant arbitrarily sold the said pine trees to 30 million won without the consent of the victims and consumed the sales proceeds in personal debt repayment, etc.

Accordingly, the defendant embezzled the victims' property in the course of business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (related to the telephone call from a witness J);

1. Complaint;

1. Application of Acts and subordinate statutes to each written agreement;

1. Articles 356 and 355(1)1 of the Criminal Act concerning criminal facts

참조조문

-형법 제355조 제1항

-형법 제356조

유사 판례

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