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(영문) 의정부지방법원 2014.06.12 2013고정2798
횡령
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From October 2008 to August 2010, the Defendant, along with the Victim C, D, and E, operated a factory under the trade name “H” in two weeks, by leasing a G-owned factory located in the F in both weeks, and thereafter, operated a factory that supplies each water unit after washing it.

However, as above, the Defendant and the victims agreed to set up two won per water unit in operating each water unit delivery plant to pay the rents accrued at the time of the operation of the factory jointly, and according to the agreement, the victim C was in custody of the amount accumulated as the sum of KRW 2,711,053 from September 1, 2010 to March 3, 201, and KRW 1,919,816 from September 2, 2010 to March 7, 2011, and KRW 1,110,401 from September 3, 2010 to March 3, 201, and KRW 1,919,816 from the victim E were in custody of the amount accumulated by the Defendant.

However, around that time, G filed a lawsuit against the Defendant and the victims for the claim of rent payment, and was sentenced by the District Court of the first instance on May 27, 201 to G that the Defendant and the victims would pay the principal amount of KRW 24,779,666. The victims were accused of the Defendant’s arbitrary embezzlement of the factory operation fund at the time of the joint operation of the factory as above, and the Defendant agreed to use the said agreed amount as deposit money from the victims on June 201, as such, the aforementioned reserve was no longer used for the payment of deposit money.

Nevertheless, the Defendant, on June 201, embezzled the above reserve funds owned by the victims by arbitrarily using the above reserve funds in paying deposits for G while keeping the total amount of KRW 5,741,270 for the victims in the absence of the Government-Si around 2011.

Summary of Evidence

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