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(영문) 부산지방법원 2018.02.08 2016고정1648
횡령
Text

Defendants shall be punished by a fine of KRW 2,000,000.

The Defendants did not pay each of the above fines.

Reasons

Criminal facts

Some of the facts charged were corrected.

Defendant

B and the victim E jointly invested on April 2016 and agreed to operate the G “G operating business,” Defendant B, from June 13, 2012 to December 31, 2013, was engaged in external business related to the above maintenance facility; Defendant B’s wife B’s wife, and the victim took charge of the automobile repair business.

1. A around August 17, 2012, Defendant A, while taking charge of the storage, disbursement, management, and general affairs of revenues in the above maintenance center, was deposited in Busan Bank’s personal account (H) in the name of the Defendant, and Defendant A embezzled KRW 20,000 at around that time by arbitrarily using the automobile repair cost for personal purposes, from that time until February 1, 2013.

2. Defendant B

A. On April 27, 2012, the Defendant, at the Busan Bank’s individual account (I), embezzled KRW 5,000,000, out of the construction cost of the above maintenance station, for personal purposes at the above maintenance office (J) and returned to the above account. At around that time, the Defendant was arbitrarily used for personal purposes. From that time until June 15, 2013, the Defendant embezzled KRW 25,136,00 for a total of 21 occasions as shown in the attached Table 4 of the List of Crimes from June 15, 2013.

B. On March 11, 2013, the Defendant, who committed the Defendant’s personal account in the name of Busan Bank (K), received automobile repair fees from L from L to the above account, and embezzled KRW 350,000 for personal use at around that time. From that time, up to July 31, 2013, he arbitrarily used KRW 4,973,100 for the total amount of six times as shown in the annexed crime list 5 as in the annexed crime list 5.

Summary of Evidence

1. Part of the Defendants.

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