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(영문) 수원지방법원 안산지원 2013.10.25 2013고단2137
업무상횡령
Text

Defendant

A Imprisonment with prison labor for two years, and for ten months, for each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendants are married.

Defendant

B around 2007, he was entrusted with the management of a distribution store of china, F, and Defendant A was entrusted with the management of a distribution store of china, “F,” the victim D, and around February 2, 2009, with the management of a beverage store of H, “H,” which is located in Ansan-si G from the victim D.

After that, when the victim transferred the “H” to a third party from January 201, 201, the part of the “F” store was operated in a combined manner with the part of the instant “F,” while the part of the R/W was managed by Defendant B, and the part of the beverage was entrusted by Defendant A, respectively.

1. Defendant A’s sole crime was committed on February 12, 2013, when selling drinking water to Jmaart, etc. located in Ansan-si I and storing KRW 500,000 for the victim, and then, Defendant A used drinking water for personal purposes, such as entertainment expenses, at his own discretion, from Ansan-siwon around that time.

In addition, from August 2009 to February 14, 2013, the Defendant embezzled the sum of KRW 116,970,960 in the same manner from the place of Ansan to 48 times, as indicated in the attached Table 1, from the place of view of crimes, as indicated in the attached Table 1.

2. Around February 8, 2013, the Defendants’ co-principals sold 380,000 won, who was in custody for the victim, to the Lart, etc. located in Ansan-si, Ansan-si, and then consumed the Defendants’ residence in Ansan-si M for personal purposes, such as living expenses, at his/her own discretion.

In addition, from August 201 to February 8, 2013, Defendants embezzled the total amount of KRW 41,927,762 by the same method from the place in Ansan Si through the same method 20 times, as indicated in attached Table 2, from the place in Ansan City through the same method, as indicated in attached Table 2.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement by the prosecution concerning D;

1.The particulars of each outstanding amount, the current inventory of each good; and

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