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Reasons
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(영문) 수원지방법원 안산지원 2015.08.27 2015고정966
횡령
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Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From June 27, 2002, the Defendant agreed to operate the “E”, which is a motor vehicle maintenance business place, in Si interesting City D from June 27, 2002, to jointly invest the investment and divide the profits into half.

1. Around August 4, 2008, the Defendant arbitrarily used 111,600 won as personal property tax of the Defendant without the consent of the victim while he/she operated the said car repair shop jointly with the victim in the above E and managed the proceeds for the sake of the victim by depositing it in the credit cooperativeF account in the name of the victim, and embezzled 11,60 won as personal property tax of the Defendant in the same manner without the consent of the victim.

2. On August 12, 2010, the Defendant embezzlement of voluntary use of borrowed money: (a) deposited the profits generated in the joint operation of the said car repair shop in the Defendant’s credit union F account with the victim and embezzled the profits by arbitrarily paying KRW 7 million to G who is the Defendant’s name without the victim’s consent, while managing the said car repair shop for the victim.

3. Around September 3, 2010, the Defendant: (a) opened an installment account (H) with the Industrial Bank of Korea under the name of “E (other than C and one person); and (b) deposited KRW 3,00,000 from the corporate bank H account under the name of “E (E)” to the Defendant’s personal account during the joint operation of the said automobile maintenance business office for the victim; and (c) deposited KRW 3,000,000 each month from that time until August 11, 201 by using the same method from that time to August 11, 201, with KRW 33,00,000,000 each month and KRW 33,00,000,000 in total, without the consent of the victim; and (d) deposited KRW 34,524,714 in the name of the Defendant’s personal account under the name of the Defendant’s personal management 4,714,711.

Summary of Evidence

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