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(영문) 부산지방법원 2017.03.23 2016고단6197
횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Of August 15, 2012, the Defendant offered that “D” mobile phone sales points of the Defendant’s operation in Busan High School (hereinafter “D”) to the victim E and the victim F, working for his employee, would distribute profits at investment rates.” The Defendant received KRW 13.9 million from the victim E around August 17, 2012, and KRW 6.6 million around November 15, 2012, from the victim E, under the name of its partner, and received KRW 15 billion from the victim F, around 10, 2012, KRW 1.5 billion from around 10,500,000,000,000 from around 10,000 won, and the Defendant deposited KRW 1.5 billion from the victim E and the victim F, under the said name of the victim’s 9.5 billion, the Defendant deposited the money in the initial name of KRW 500,500,000,00,000,00.

Nevertheless, taking into account the fact that KRW 20 million has been additionally lent from E at the beginning of the business, that expenses related to mobile phone sales stores have been deposited and paid from time to time in the above account, and that the Defendant’s statement on his own investment amount has not been consistent, it is insufficient to recognize the said money as its initial investment in coffee sales store by itself.

Three persons engaged in a business of coffee sales.

Accordingly, between January 2013 and March 2015, the Defendant newly opened the coffee sales store from the first floor and the second floor of the Busan High-gu G, Busan High-gu, and from the H’s trade name, “H” and “H” during the period between January 201 and March 2015.

After that, the defendant was requested from victims at any time to settle the above coffee sales store's profit or loss, but he was properly settled on the ground that he is the enemy.

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