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Reasons
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(영문) 인천지방법원 2017.09.07 2017고단644
횡령
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

around July 2015, the Defendant: (a) leased D, E, F, and the Namdong-gu Incheon Metropolitan Government G, and 2nd floor; (b) entered into a business agreement with the Defendant to pay 40% of the monthly income to D, E, and F (hereinafter “instant agreement”); (c) received the total amount of KRW 90 million from D, etc. from August 6, 2015 to September 2, 2015 from D, etc. to a new bank account in the name of the Defendant, and operated H insignia on September 14, 2015.

Defendant and D shall enter into partnership on September 23, 2015, “from August 17, 2015 to August 17, 2017,” and shall pay D 40% of its monthly income (only three months after the date on which the investment is completed).

D shall faithfully provide all information, such as the current status of the progress of the project and the current status of the business and sales.

Data on the distribution of sales and profits on the settlement date of each business shall be provided.

Major decision-making is based on mutual agreement (hereinafter referred to as “instant investment contract”). The agreement was made to the effect that the decision-making is based on mutual agreement.

Pursuant to the instant agreement, the Defendant embezzled KRW 12,165,746 from September 2015, as well as KRW 8,528,729 from September 2015 to March 2016, when he/she kept for the victim association consisting of the Defendant, D, E, and F, for personal purposes, such as the Defendant’s living expenses, etc., at around the time of around September 2015, the Defendant embezzled KRW 8,528,729 from among the above profits for the Defendant’s personal purposes, such as the Defendant’s living expenses, as in the list of crimes, from around that time to around March 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Agreements on investment;

1. List of registration of members;

1. A (I) A transaction statement, A’s account (J) transaction statement, and a new bank account transaction statement under A’s name;

1. The Act and subordinate statutes No. 1 and 2 of the stenographic records of sound recording shall apply.

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