(영문) 의정부지방법원 고양지원 2019.01.10 2018고정835

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2019.01.10 2018고정835

횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 13, 2016, the Defendant: (a) leased a building No. C in the case of the Victim B and the Pakistan; and (b) carried on a mutual food service business, “E”.

On October 19, 2017, the Defendant transferred the above Category D store to F, and received premium of KRW 10 million from F. On November 7, 2017, the Defendant embezzled KRW 2,230,000 out of KRW 3,438,00,000,000,000,000,000 from the building owner G of the above Category D, due to the expiration of the lease contract period, and received the refund of KRW 50,000,00,000 from the victim on behalf of the victim, and embezzled it by voluntarily consuming the amount of KRW 3,438,00,00,000,000,000,000 from the end of the lease contract due to the expiration of the lease contract period.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. Determination as to the assertion by the Defendant and his defense counsel of the trade partner agreement, the real estate lease agreement, the content of the A, H I conversation, the J bank account in the suspect name (K) transaction

1. The alleged victim decided to waive the premium, the victim could not file a complaint without giving the time to settle the premium, and the victim could not settle the dispute, and the crime of embezzlement is not established because it did not return the premium if the settlement is conducted.

2. The judgment property belongs to the partner's partnership property. As long as the partner remains in the partnership, the partner is not entitled to dispose of his/her share in the business property at will, and if he/she arbitrarily consumess his/her share in the custody of the proceeds acquired from the disposition of the company's business property, he/she cannot be exempted from the liability of embezzlement. If the partner did not settle the profit and loss distribution among the partners, if the partner does not have the right to dispose of the company's business property belonging to the partner's partnership property at his/her own discretion, the partner's share ratio is embezzled.

유사 판례

-서울중앙지방법원 2014.04.11 2013노3446

-인천지방법원 2013.12.20 2013노2928

-서울북부지방법원 2013.01.31 2012노1334

-부산지방법원 2016.06.02 2015노3454

-전주지방법원 2020.05.20 2019고정361