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(영문) 의정부지방법원 2013.07.05 2013고단1129
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a restaurant with the trade name of "E" in the D Recreation located in Yangju-si, the victim F is a restaurant with the trade name of "G", the victim H is a "I Campping site", the victim J is a person operating a mutual restaurant with "K", and the defendant is the chairperson of the D Mad Recreation Association, the friendship group of merchants operating in D amusement parks, and the victims are members.

D Recreation Association, in the name of “L” in the above amusement park, was subject to self-regulation on administration due to civil petitions filed by M who operates a restaurant in the above amusement park, thereby hindering its business. As a result, in return for not filing a civil petition, 50 million won was collected by merchants and paid to M in return for not filing a civil petition. Among this, N which is operating a swimming pool in the above amusement park, agreed to first bear the burden and receive payment from merchants, and accordingly, the Defendant, the president of the prosperity conference, agreed to gather 55 million won from merchants and deliver it to N.

On August 7, 2009, the Defendant received 20,000 won check from the Victim F to N in accordance with the above circumstances at the “E” restaurant operated by the Defendant on behalf of the Defendant, and received 20,000 won check from the Victim F. On August 16, 2010, the Defendant received the said delegation from the Victim J and received 5,000 won in the Defendant’s agricultural bank account (P). On October 15, 2010, the Defendant received 10,000 won check from the Victim H and received 20,000 won check through the Defendant’s identification. On May 20, 201, the Defendant received 10,000 won check from the said Victim K restaurant operated by the Victim J, which was delegated by the said Victim J, with the said 10,000 won in cash, from the said Victim K restaurant operated by the Defendant.

"The defendant is delegated by the victims to deliver them to N as above, and the above KRW 10 million is for the victims.

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