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(영문) 부산지방법원 2014.04.16 2014고단22
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant decided to operate the friendship C and the mobile phone sales store as a partnership business, and the funds necessary for opening the sales store business are paid by the victim, and the Defendant set the profits from the business first to use the profits from the opening business provided by the victim in repayment of the funds provided by the victim.

On July 2, 2012, the Defendant established a mobile phone sales store called “E” in Seo-gu Busan, Seo-gu, Busan, and engaged in sales store business according to the above business agreement.

1. On July 2, 2012, the Defendant: (a) opened a mobile phone sales store with the victim as seen above; (b) from around that time to February 17, 2013, the Defendant appears to have written indictment of KRW 18,740,00 in the indictment of KRW 18,570,00 for operating expenses and operating funds as stated in the attached Table 1, as the victim’s list of crimes; and (c) from around that time, from around February 17, 2013, the “18,740,000” appears to be a clerical error in the indictment of KRW 1

B During the period of deposit and custody, 10,000,000 won was used as the opening and operating funds of the sales store as shown in the attached Table 1, and 8,740,000 won was used as the remaining funds, and embezzled the victim's property for personal purposes such as living expenses around that time.

2. The Defendant’s embezzlement of earnings appears to be a clerical error in the indictment of KRW 15,462,770 in the name of a communications company as stated in the attached Table 2, which read “15,346,570 won” in the indictment of KRW 15,462,770 from September 17, 2012 to February 15, 2013, when engaging in the operation of the above mobile phone sales store for six months from February 15, 2013.

During the custody of the victim after deposit, the victim's property was embezzled by using the full amount of the settlement for personal purposes, such as living expenses, etc.

3. The Defendant’s embezzlement of telephone charges appears to be a clerical error in the indictment of KRW 17,713,641 in cash from customers as stated in the attached Table 3, such as in the attached Table 3, while engaging in the operation of mobile phone sales stores from July 17, 2012 to October 10 of the same year.

(b).

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