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(영문) 대전지방법원 서산지원 2014.10.17 2014고단415
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From April 1, 2012 to November 2, 2011 of the same year, the Defendant was a person who was entrusted with the Hanjin-si E agency located in Pyeongtaek-si D operated by C, and has been engaged in the overall operation of the business, including the receipt of the cost of selective distribution and the receipt of the cost of selective distribution.

On September 26, 2012, the Defendant: (a) deposited the full amount of KRW 1,078,930,000,000 from the home-based E-agency office in the above Hanjin-si E-agency office, and deposited the said company into the virtual account of the Hanjin-gu headquarters, the victim; (b) however, while keeping the company for business, he/she consumed it as personal living expenses, employee monthly pay, etc. at that time.

In addition, from around that time to November 2, 2012, the Defendant did not deposit 23,371,560 won in total to the head office and used it for other purposes, such as personal living expenses.

Accordingly, the defendant embezzled the victim's property.

2. Around March 2012, the Defendant promised to make an investment of KRW 25 million to operate the Victim F and the Hanjin-si E agency listed in the above paragraph 1, respectively, by accepting KRW 50 million from the above C.

On March 16, 2012, the Defendant made a false statement that “The Defendant would operate the E-agency after changing the acquisition cost of Hanjin-si E-agency in the vicinity of the Sungnam-si Central Park.”

However, in fact, the Defendant did not have sufficient financial status to borrow KRW 25 million out of the funds to take over Hanjin-si E agency at the time. The Defendant did not have the intent or ability to take over Hanjin-si E agency by receiving funds from the victim and paying them to C in mind to use the funds as operating funds and personal living expenses of Hanjin-jin E agency in the course of entrusted management.

The defendant obtained 20 million won from the victim and acquired it by fraud.

The defendant.

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