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(영문) 대전지방법원 천안지원 2014.07.31 2014고단638
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Joint criminal conduct by the Defendant and B;

A. The Defendant and B engaged in the loan business in the name of “E” from March 201 to October 2012, 201, the Defendant and the Defendant engaged in the loan business in the name of “A” between the Victim C and “E”, and the Defendant provided only the money to be loaned to the victim, and the Defendants, while taking full charge of the practical affairs such as loan and debt collection, provided that the recovered principal and interest of the loan was acquired by the victim, and collected approximately 10% of the loan fees collected from the debtor, 60% of the loan fees collected from the debtor, and the remainder 40% of the loan amounts are divided between the Defendant and B.

The Defendant and B, around September 30, 201, did not receive an application for a loan from the person F, notwithstanding the fact that the Defendant and B received an application for the loan from the said office, the Defendant and the Defendant, in collusion with B, received a total of 3,8960,000 won from F on five occasions from September 30, 201 to May 24, 201, as shown in the attached Table 1 of the Crimes List 200,000 won from F to the effect that “the transfer of the loan has been made, as the collateral is sufficient,” and the Defendant acquired the loan from the victim to the agricultural bank account in the name of F.

B. The Defendant and B engaged in credit business under the trade name “E” with the victim as seen above. Around June 15, 2012, the Defendant and B voluntarily recovered KRW 15 million from G to use the principal of the loan from the above office for the victim.

Accordingly, the defendant embezzled the victim's property in collusion with B.

Summary of Evidence

1. Each legal statement of the defendant and B;

1. Statement of the police statement regarding C;

1. Details of loans extended in the course of dealing with accidents, registration certificate of credit business, and application of statutes on financial transactions;

1. Relevant Articles 347(1), 356, and 355(1) of the Criminal Act; the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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