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(영문) 서울북부지방법원 2019.09.19 2018고단1884
업무상횡령
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. Around November 8, 2013, the Defendant acquired a “C” foreign sugar business entity, the Defendant and the Victim B, each of which bear the acquisition cost of KRW 100 million, and entered into a partnership agreement with the victim to jointly manage the “C” foreign sugar business entity that the said C and the Defendant operated (hereinafter “instant partnership agreement”).

On March 20, 2014, the Defendant received KRW 200,000 from the post office account (Account Number:F) in the name of the Defendant, a public fund account in the fifth floor of Dobong-gu Seoul Metropolitan Government, in accordance with the instant business agreement, and used KRW 705,224 from the Defendant’s bank account (H) around March 25, 2014, in order to settle the amount of personal card payment at will.

In addition, from around that time to April 23, 2016, the Defendant embezzled the victim’s property in his/her business custody by using a total of KRW 87,854,970 arbitrarily over 32 times, as indicated in attached Table 1.(1).

B. On January 15, 2014, the Defendant received 1.5 million won from C’s account (Account Number:J) in the name of the Defendant, a public fund account, and transferred 1.5 million won to G bank account in the name of the Defendant for the victim, and used 1,320,697 won out of C’s personal card to pay the amount of sales, etc. on January 26, 2014 when he/she received 3 million won from the Defendant’s account (Account Number:K) in the name of the Defendant, a public fund account, and transferred 3,000 won, such as sales, to the said G bank account for the victim.

In addition, from around that time to February 2, 2016, the Defendant arbitrarily uses 81,097,321 won in total over 20 times as indicated in the annexed Table 1.(2).

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