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(영문) 서울서부지방법원 2017.09.27 2017고단842
업무상횡령
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

As the representative director of the above company (State) the defendant is a person operating D Mart in the name of the above company in Mapo-gu Seoul Metropolitan Government and F Mart in Ilyang-gu E in Gyeonggi-gu. The victim G is a person who leased the above D Mart and F Mart cop on August 4, 2014 and operated the fcop in the above Mart.

When the Defendant and the victim entered into a lease agreement for the above marina, the victim entered into an agreement with the Defendant to pay the Defendant the remainder after deducting the agreed fee, out of the sales amount, to the victim on the on-day day of the borrower, when the victim pays the amount equivalent to 9% of the sales amount, and 7% of the sales amount, and F Mart carries on franp business under the responsibility and account of the victim, and if the above Mart’s customers settle all payments, including the goods purchased from the victim who is the lessee of Franp through the single settlement counter.

From April 11, 2016 to May 1, 2016, the Defendant embezzled the sum of KRW 4,072,460,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

Summary of Evidence

1. Each legal statement of witness G, H and I;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning G and H replacement);

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Determination as to the assertion by the Defendant and his/her defense counsel regarding a detailed statement of a lease agreement, sales and commission collection by the lessee, and the corporate account B (J bank, enterprise bank, K bank) deposit and withdrawal transaction

1. The defendant and his defense counsel will make all the proceeds of goods (including cash and card payments) including the proceeds of the fixed land sold in the defendant's Mart.

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