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(영문) 부산지방법원 동부지원 2017.07.13 2017고단462
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 2, 2013, the Defendant purchased a joint purchase of 31,470 square meters of the land E, F, and G in the Simyang-si with the victim D and the Gyeongnam-do, and entered into a partnership agreement to divide the profits by creating and selling the housing site in the said forest and fields.

Around January 13, 2014, the Defendant registered the transfer of ownership with the victim as a joint ownership of 1/2 shares in the forest above in accordance with the foregoing business agreement. Around January 13, 2014, the Defendant deposited the forest above through the Agricultural Cooperative Account in the name of the Defendant and managed the funds of the partner upon delegation from the damaged party of the work, such as the civil engineering work for the creation of housing sites, the sale of land,

1. On March 2014, the Defendant applied for the automatic transfer of the monthly insurance premium from the agricultural cooperative account in which the said partner’s payments are deposited, to the agricultural cooperative account at the agricultural cooperative branch located in the Doggg-ri, Seoyang-si, Kimyang-si.

Accordingly, the Defendant, from April 7, 2014 to April 6, 2016, kept its partner money for the victim through the said agricultural bank account at his/her discretion during the course of his/her business.

7. A total of KRW 2,500,000,000, which was paid by automatic transfer method, was embezzled in 25 times.

2. On November 6, 2014, the Defendant arbitrarily transferred KRW 6,000,000, which is a part of the Defendant’s Busan Bank account, to the Defendant’s Busan Bank account, and embezzled it by consuming the Defendant’s national health insurance premium, etc. around that time.

3. On September 11, 2015, the Defendant transferred KRW 20,000,000, which the victim transferred to the said Agricultural Cooperative account to use for the payment of interest on loans related to forest land, which is the property of the business, to the said Agricultural Cooperative account on or around the 15th of the same month while the victim was in business custody, and embezzled by consuming the amount of living expenses, etc. around that time.

4. The Defendant: Busan around November 22, 2015.

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