(영문) 수원지방법원 안산지원 2018.09.18 2018고단1631

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(영문) 수원지방법원 안산지원 2018.09.18 2018고단1631

횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, around February 13, 2015, invested in each share of 40%, victim D40%, and E 20%, and continued to operate a partnership with the Defendant and the victim as the share of 50%, respectively.

The Defendant entered into a contract for the lease of the building of the above insignia center in the name of the Defendant as well as for the purchase of internal office fixtures, such as sports equipment, etc., under the name of the Defendant, and entered into a business operator registration under the name of the Defendant, and subsequently, registered the business operator, and was in charge of the recruitment of employees and the management of funds, etc. as management directors of the insignia center, which are the property of the same business, and lost in civil litigation with the F, who was in charge of the victim, and was anticipated to be subject to seizure at the above insignia center around April 2017. As such, the Defendant agreed to receive additional KRW 50,000 from G in addition to the delayed management expenses and personnel expenses of the above insignia center and to receive KRW 68,91,352 from G in addition to the expenses paid by G at the end of this year, and agreed to the operation right of the GIST center in excess of its operating right.

4. Conclusion of a new lease contract with the owner of the building above the end of the horse, and the same year;

5.1. Around January 1, 2009, it received the right of operation of the Nice Center by means of registration as the business operator of the Nice Center.

As a result, the Defendant arbitrarily transferred the right to operate the Fice Center, which is the business property of the Dong, to G on condition that he will receive KRW 118,91,352, and embezzled it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Statement made by the police against D;

1. A copy of a contract for the same business, a copy of a performance certificate, written agreement, and a certificate of details;

1. A statement, statement of performance of obligations, statement of payment, process, and list of personal rehabilitation creditors [the defendant and defense counsel];

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