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(영문) 인천지방법원 2015.11.24 2013고단622
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. From Oct. 2008 to Dec. 2, 2010, the Defendant: (a) the victim D, who was in the third floor of Geumcheon-gu Seoul Metropolitan Government, operated the above health club as a club business; (b) H and D were not embezzled; and (c) H renounced renounced his/her own equity interest; and (d) from July 2010, H appears to have been operated independently by D (Provided, That it appears to have been in the joint name until March 201, 201), as the team leader of the instant health club, he/she was in charge of the business of paying 60 percent of the trason’s lap management and the amount of rason’s dson’s lap from the radar; and (b) the remainder of 40 percent was paid to the victim.

Around July 2009, the Defendant received KRW 1,00,000 from Tracson F, a long-term Lson’s expense for G, its members, from Tracson F, from around August 2010 to around August 116, 201, and embezzled KRW 17,60,000 equivalent to the sum of the PTson’s expense for its members, such as the description in F and I, from around 4,00,00 for its members, during the course of its business keeping for the victim, after receiving KRW 44,00,000 from Tracson’s above PTson’s expense, from 60% of the total amount of KRW 44,00,000,000 for each PT Ecson’s expense, and arbitrarily consumed at least 40% of the remainder.

2. Around August 2010, the Defendant: (a) instructed the KS cafeteria F, etc. to reverse the instant “E” fitness agreement in order to avoid the commission of the crime set forth in paragraph (1) of the said Article; (b) around that time, the Defendant destroyed the document by having the traps destroy the various forms of the contract for tra bargaining owned by the victim D.

Summary of Evidence

1. The defendant's partial statement;

1. Partial statement of a witness in the third protocol of trial;

1.Each of the witnesses F, M, and N.

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