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(영문) 부산지방법원 2016.05.27 2015고단5776
횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 6, 2014, the Defendant: (a) was a person who was the representative of C; and (b) D and E entered into a contract for the transfer of the right to take over the lease and facilities, etc. from G and H under the name of C, the first floor of the FF building in Busan Shipping Daegu, Busan, and 103-B (hereinafter “the instant store”); (c) but failed to prepare for the acquisition price; (d) around October 7, 2014, the Defendant entered into a contract for the transfer of the right to lease and facilities, etc. to the instant store with the victim (ju) A M&S to transfer the right to lease and facilities, etc. to KRW 140 million, and the acquisition price was transferred to the agricultural bank under the name of the Defendant, the representative of C.

On the other hand, on September 2014, the Defendant sought to transfer the instant store from the above D and E to the (State) M&S located in the area of the Am-riter located in the Busan East-gu, Busan-do, and upon the request of the Defendant, sent the passbook, cash card, and seal stamp to the Agricultural Cooperative Account (Account Number I) in the name of the Defendant.

On October 14, 2014, the Defendant received KRW 147,840,00 from the Korea Development Bank Co., Ltd. and received KRW 147,840,00 in the name of the Defendant from the said No.S. bank account in the name of the Defendant for acquisition of the instant store, and used it for a personal purpose, such as debt repayment, while keeping for the victim (state) M&S. Around October 15, 2015, the Defendant reported the loss of the head of the Tong at the Busan M&S branch office located in the Seo-gu Seoul Special Metropolitan City M&S branch. On October 15, 2015, the Defendant reported the loss of the head of the Tong at the Busan Special Metropolitan City Co., Ltd., the head of the Tong-gu tri, Busan Special Metropolitan City, and embezzled the amount of KRW 147,84

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement made to D or J;

1. Investigation report (investigation into premiums, investigation into premiums, details of each E telephone investigation, amount of deposits in cases, and copies of bankbooks for suspects);

1. The complaint, the business registration certificate (C), each.

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