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(영문) 서울중앙지방법원 2016.01.07 2014고단9989
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who operated a student studying center called “D” in Gangnam-gu Seoul, and was engaged in the duty of studying abroad to send F and G, a child of the victim E, to the United States.

At early 2010, the Defendant entered into a contract for studying abroad to enter the U.S. school between the victim and his/her children, and entered into a contract for advisory services. During the school year from September 2010 to May 201, 201, the Defendant sent USD 98,750 to the said school account directly by the victim.

After that, the victim requested the defendant to introduce and request another school with low school expenses from the following school year, because the above school expenses are wurged, and accordingly, the defendant introduced the Gaston dyston dyston, which is in the string of the U.S. No.S., and decided to transfer the victim's children to the above school from September 201 to May 201.

On February 8, 2011, the defendant paid school expenses on behalf of the victim to the school because the victim did not directly pay school expenses during the aviation cancer treatment at that time, and the defendant transferred USD 68,658 from the victim's wife H as school expenses (including the home park expenses).

1. Of USD 68,658 among USD 68,658 from September 201 to May 2012, the Defendant: (a) to pay the victim’s substitute school expenses; (b) to be paid to the said school; and (c) to be used for the personal purpose of the Defendant who received part of the amount equal to the actual school expenses by taking advantage of the fact that the victim did not know about the exact amount of the school expenses; and (d) to be used for the personal purpose of the Defendant; and (b) to be kept in custody with USD 68,658 on February 8, 2011 with the total amount of USD 33,680 paid as school expenses and USD 25,978 ($ 28,757,6466) with the exception of USD 9,00 actually paid as school expenses at the said school at around that time.

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