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Reasons
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(영문) 수원지방법원 평택지원 2014.06.12 2013고단1061
업무상횡령
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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From August 26, 2011, the Defendant, along with the victim C and D, entered into an agreement on the business of accepting and operating the “FE” located in the Guro-gu Seoul Metropolitan E E-building L. The specific content of the agreement was that the Defendant invested KRW 100,000,000 and KRW 3.8,000,000,000 and the Defendant entirely operates the set, and the Defendant entered C as the auditor, the representative director of Fmaart Co., Ltd., the Defendant, and the wife of C, as the auditor, to distribute the Defendant’s share of 35%, 55% of C’s share, and 10% of D’s share.

The Defendant, while engaging in the operation of the said FFF in accordance with the foregoing business agreement, was in violation of the said business agreement, and was transferred KRW 12,500,000 out of the subsidies to be paid by G company that is a business partner on December 22, 2011 to the Agricultural Cooperative (H) account under the Defendant’s name on January 11, 2012 and transferred KRW 3,500,000 to the Defendant’s Agricultural Cooperative (J) account on January 11, 2012, and used the money for daily expenses, such as the place of learning, milk payment, insurance premium, installment savings, etc. around that time, and remitted KRW 20,00,00,000 from January 26, 201 to the K AF bank account (L) account (hereinafter referred to as “the owner prior to the Defendant’s additional investment”), and paid KRW 30,000,000 to 30,010,301.

Summary of Evidence

1. Partial statement of the defendant (part 1, 2, 4, 6, 7 of the list of crimes);

1. Legal statement of witness C and N;

1. A protocol concerning the examination of the accused by the prosecution (including part concerning C, D,O, and N statements);

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to each transaction (including a bank under the name of the C, a national bank under the name of the Fmaart, a bank under the name of the Defendant, an agricultural cooperative under the name of the Defendant, an agricultural cooperative under the name of the agricultural cooperative, K, and a new bank under the name of the K);

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

1. Article 62(1) of the Criminal Act:

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