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(영문) 광주지방법원 순천지원 2014.04.30 2013고단2047
횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around June 16, 2010, the Defendant agreed to settle the amount after selling the said store, which is a business property, with the victim on June 16, 2010. Around June 16, 2010, the Defendant agreed to manage the instant store and pay 60% of the profits to the victim. Around June 2013, the Defendant sold the said store, which is a business property, to settle the amount.

Around June 18, 2013, the Defendant entered into a sales contract to sell the above E store to F for KRW 290,000,000 upon delegation by the victim at the office of the Dominianian in Gangnam-gu Seoul, Seoul, with the purchase price of KRW 29,50,000 from F as the down payment on the same day, and KRW 50,000,000 out of the purchase price of KRW 195,50,50,000 as the remainder on the 24th of the same month, as the settlement of its head office, and KRW 20,000,000 to G as the personal debt repayment for G, while the Defendant directly received the above E store from the Defendant’s national bank as the Defendant’s account and kept it for the victim, from around July 26 of the same month to July of the same year, the Defendant arbitrarily used it as labor expenses, etc. from the amount of embezzlement to KRW 136,3666,762 of the same year.

2. If the Defendant, as described in paragraph 1, sold the Dominian E store operated as a partnership with the victim and used it as a settlement price for the relationship with the victim, and entered into a sales contract that sells the Dominian E store to F around June 18, 2013 upon delegation by the victim, around June 18, 2013, the Defendant had the duty to receive the purchase price from F and settle the relationship with the victim according to the ratio of shares of the victim.

Nevertheless, the defendant violated his duties and around June 24, 2013.

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