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(영문) 창원지방법원 통영지원 2016.09.08 2015고단913
업무상횡령등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The Defendant of “2015 Go-Ma913” concluded a partnership agreement with the victim C to make an investment in the deposit for the lease of the penta and marketing such as penta advertising, and the Defendant concluded a partnership agreement with the content that 50% of the profits from the management and financial management of the penta and distribute the profits therefrom in 50%. From March 20, 2006, the Defendant leased Epenta in Gyeonggi-gun D with the lease deposit amount of KRW 220,000,000,000 and carried out the operation and revenue management of the penta-gun.

During the period from June 20, 2009 to July 20, 2009, the Defendant embezzled KRW 7,500,000,000,000 for personal use, such as living expenses, etc., during the course of performing duties for the victim from around July 20, 2009, using the same method until January 19, 2010 from that time, as indicated in Table 1, the Defendant used the total of KRW 72,50,000,00,000,00,000 for personal use, as indicated in Table 1.

The defendant of "2015 Highest 1246" plans to operate a landing place for the victim G in E located in Gyeonggi-gun F of Gyeonggi-gu around September 2010, the defendant of "2015 Highest 1246" to operate the landing place from 2012 to 35 million won as a security deposit, and it is possible to operate the landing place for the next five years.

In the future, the profit will be paid for the five years.

‘Falsely speaking’ was made to the effect that it was “.

However, in fact, the Defendant had a large number of financial rights and personal debt without any particular property, and the five-year contract with the lessor was not fixed even in relation to the operation of the above landing place, as well as the accumulation of the deficit of the pen business operated separately at the time, and thus, even if the above money was paid, there was no intention or ability to pay the profit normally by using it as expenses for the operation of the landing place.

In the end, it is eventually.

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