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(영문) 수원지방법원 2016.10.05 2013고단6783
업무상횡령
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Of the facts charged in the instant case, victims D, E, F, G, H, I, J, K, L, M, N,O, and P.

Reasons

Punishment of the crime

From July 25, 2001, the Defendant operated R Co., Ltd. from the second fiveth floor of Q buildings in Gangnam-gu, Seoul to manage the entrance registration fees, deposit, dormitory expenses, school expenses, management expenses, etc. of students.

On April 17, 2012 and around the 26th day of the same month, the Defendant received KRW 17,645,00,00, totaling KRW 18,824,80,00 from the victim S for the admission registration fees, security deposit, dormitory expenses and school expenses, management expenses, etc. from the victim S, and embezzled KRW 10,165,00,000, excluding KRW 17,645,000, 3880,000, management expenses, management expenses, 3,60,000, excluding KRW 17,645,000, and 3,60,000, excluding KRW 3,165,00,00 for other students’ school expenses, etc.

In addition, from around that time to May 24, 2013, the Defendant spent a total of KRW 228,451,080, which was kept on duty for victims by the aforementioned means 23 times in total, as indicated in the attached Table of Crimes, and embezzled them by voluntarily consuming them as school expenses, office operating expenses, etc. of other students.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of each protocol of examination of the accused by the prosecution into each part of the protocol;

1. Some statements of each police suspect interrogation protocol against the defendant;

1. Statement of each police statement on V, W, X, Y, Z, AA, AB, AC, S, S, AE, AG, AH, AI, AJ, AK, AM, AO, AO, AP, and Q;

1. Each statement in each complaint sheet prepared by V, W, X, Y, Z, AB, AB, AC, S, S, AE, AF, AH, AJ, AI, AJ, AK, AM, AO, AO, AP, and Q (including attached materials included in a complaint sheet);

1. Application of each of the Acts and subordinate statutes stated in each investigation report (Presentation of Materials by Complainant), investigation report (with respect to the confirmation of the place of use of the amount of damage);

1. Article 356 of the Criminal Act and Articles 356 and 356 of the Criminal Act concerning criminal facts;

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