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(영문) 서울중앙지방법원 2016.07.21 2014고단5219
횡령등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, embezzlement of KRW 12,020,000, the custody of the Rotterdam cost is made.

Reasons

Punishment of the crime

On January 20, 2013, the Defendant: (a) around January 20, 2013, the Defendant: (b) operated a store to become a victim C and money at the mutual infinite coffee shop located in the Incheon Cheongbu District; (c) transferred the “E” located in Jung-gu Seoul, Seoul, to F for the premium of KRW 270 million; (d) paid the G Company H, which arranged the said contract, paid KRW 30 million to H; and (e) operated the store at the said place; (e) the victim provided funds necessary for the operation of the bank at the same time, such as the deposit, premium, etc.; and (e) the Defendant agreed to have the business of the said store, while assisting the said store, brought about 8% of the sales.

1. Embezzlement;

A. On March 20, 2013, the Defendant, at G office located in Gangnam-gu Seoul Metropolitan Government I, embezzled KRW 50 million out of the premium to be paid to the transferor F, and KRW 30 million, including consulting fees to be paid to the broker H, for the victim, and stored for the victim. At that time, the Defendant, without paying consulting fees to be granted to H, embezzled KRW 30 million for personal purposes.

B. On April 22, 2013, while the Defendant received KRW 100 million from the damaged person to the transferor F under the pretext of paying the balance of the right to payment to the transferor at the same place, and received the payment of KRW 100 million for the victim, the Defendant subsequently concluded a new agreement to reduce F and the premium to KRW 220 million (the reduction to KRW 50 million) and did not notify the victim of such reduction, the Defendant paid KRW 50 million to F and had the victim transfer KRW 120 million to F without returning the remainder to the victim and embezzled it for personal use.

2. Forging a private document;

A. On April 16, 2013, the Defendant without authority for the purpose of exercising at the K Office located in the Nam-gu Incheon Metropolitan CityJ, and without authority, for the purpose of exercising the contract, the “agent” using a black pen in blank, and “C” for the purpose of acquiring the right to a store of E on March 20, 2013 also with respect to the cancellation of the contract.

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