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(영문) 부산지방법원 2013.12.04 2013고단3682
업무상횡령등
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 22, 2009, the Defendant entered into a club business agreement with the victim C, and invested KRW 120 million in total investment amount to KRW 80,000,000, and the Defendant invested KRW 40,000,000 in total investment amount, and the victim agreed to take charge of the overall management and supervision of the business, and the Defendant was engaged in the management and supervision of the entire business, while operating the “D” as a club business.

1. Occupational breach of trust;

A. From January 12, 2010 to December 10, 2010, the Defendant sold 750,000 won (750,000,000 won) to F, operated by E, a business partner, at a non-permanent location, and thus, in violation of the business duty that should be deposited into the company after receiving the payment from F. Around that time, the Defendant exempted the payment at his/her own discretion, thereby obtaining property benefits equivalent to KRW 750,000 (750,000) from the said E, thereby incurring property damage equivalent to the said amount to the victim.

B. From January 16, 2010 to July 2, 2010, the Defendant sold a simple high-ranking language equivalent to KRW 2,560,000 in the market price to G, who is a business partner, at a non-place, from January 16, 2010, to July 2, 2010, in violation of the business duty that should be deposited in the company after receiving the payment from G. Accordingly, at around that time, the Defendant arbitrarily set off the Defendant’s private debt against G and the claim for selling the above high-ranking fish sales amount, thereby acquiring the financial benefits equivalent to KRW 2,560,000 in the purchase price, and

C. From January 11, 201 to March 11, 2011, the Defendant sold a livered light equivalent to KRW 2,760,00,00 in the market price to the I operated by H, which is a customer, at a non-place place, from the point of business to the point of business, and thus, in violation of the occupational duty that should be deposited into the company by collecting the price from the company. Accordingly, the Defendant arbitrarily exempted the payment of the price, thereby allowing the Defendant to obtain pecuniary benefits equivalent to KRW 2,760,000 from the payment of the price, thereby incurring property damage equivalent to the said amount to the victim.

2. Occupational embezzlement.

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