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(영문) 부산지방법원 2014.02.14 2013고정2853
횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

A around September 199, when the situation of C, which is a multi-level financial company run by the defendant, is detained by A, and the investors are unable to recover money, the purpose of settling the loss is to establish V (State) by acquiring the assets of C, its affiliated companies, and A, and D appointed by C as the representative director, the investor's representative, and the director and X were employed as the deputy head in charge of finance, while D was employed as the representative director in charge of finance, the above third party conspired with the above third party and embezzled the company's funds amounting to KRW 5.8 billion without using it for the repayment of the damage to investors.

Therefore, 30 individuals including Y and the defendant filed a complaint against the above D, W, X, and W W and X are bound by the special law(Embezzlement) and the trial was in progress in Busan High Court.

On July 2, 2012, the Busan High Court's judgment on the above X, etc. paid 70 million won to the victim 30,000,000 won to S account. Pursuant to the agreement on the distribution of agreed amount between 20,000 won and 10,000 won which the defendant did not bear the costs of lawsuit, the defendant shall prepare a written agreement with Z, S, and S, without the consent of the other victims during the custody after receiving 19,50,00 won which was not apportioned to the victims, and even though S had already received the agreed amount in accordance with the ratio of the costs of lawsuit, Z, Z, and S already paid 2,925,00,00 won to the Z under the name of auditor, and embezzled 3,90,000,000 won for the defendant's hospital expenses to the victims, the remaining 12,675,000 won for personal use, and embezzled 19,500,000 won for personal use.

Summary of Evidence

1. Legal statement of witness Y;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution about Y;

1. Each police statement on X, AA, S, and Z;

1. Copies of written complaint, written agreement, written agreement, and deposit receipts, respectively;

1. A copy of an agreement or a copy of the terms of allocation (a side agreement) under the agreement for the allocation of agreed amounts;

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