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(영문) 인천지방법원 2017.09.20 2017고단2523
업무상횡령등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. On February 2015, the victim E and the victim F entered into an agreement for the gas station partnership around February 2015. The main contents of the agreement were to invest 50% of the funds necessary for the operation of the gas station each month and distribute profits at the end of each month according to the investment ratio, and to have the Defendant entrusted by the victim E and the victim F manage the gas station.

On February 2, 2015, the victims leased the I gas station located in H (hereinafter “I”) in the name of the Defendant for KRW 150 million in the rent deposit, and the Defendant and G provided monthly profits to the victims while operating the gas station.

On November 15, 2016, the Defendant terminated the above lease contract under the name of the Defendant, and wrongfully embezzled KRW 102,986,410 on November 15, 2016, using the personal debt, etc. from November 15, 2016 to November 25, 2016, when receiving KRW 15 million from the national bank account under the name of the Defendant to the national bank account under the name of the Defendant, and transferred KRW 94,486,410 on November 18, 2016 to the agricultural bank account under the name of the Defendant for the victims for business purposes.

2. On December 2015, 2015, the defrauded E acquired K gas stations located in the JJ of Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do (hereinafter “K”) at KRW 100 million, and operated the said gas stations through the Defendant and G.

On July 2016, the Defendant: “The credit amount of the 150,000,000 won is to be purchased on credit, and the 100,000,000 won is not to be paid. If the 100,000 won is additionally invested, the Defendant would not receive the 100,000 won of the 10,000 won of the 200,000 won

“.........”

However, even if the defendant received additional investment from the injured party, he thought to use some of them as personal debt repayment, etc., and he did not intend to use all of the KRW 100 million for the above gas station.

Nevertheless, the defendant is above.

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