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(영문) 수원지방법원 성남지원 2013.05.08 2012고단1211
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around August 11, 2010, the Defendant entered into a contract with her husband D who represented the victim C to receive 300 million won in relation to the operation of the F store in the fifth floor of the building E in Sungnam-si, which was operated by the Defendant, and entered into a contract with the Defendant to receive 24 million won in relation to the operation of the F store in the fifth floor of the building E (hereinafter “the store in this case”). The Defendant operated the store in this case after the lapse of 24 months, and returned 30 million won in the name of the lessee of the store in this case, and deducted a certain fee from the lessee of the store in this case, and changed the account to deposit the sales proceeds of the store in each month in the name of the victim after deducting eight million won in the monthly sales proceeds deposited by the victim from the monthly sales proceeds, and paid 8 million won in each month to the victim without the victim’s written approval.

1. While the Defendant entered into a partnership business agreement with the victim, and operated the store of this case, the Defendant, from October 2010 to October 1, 2010, removed and used the remainder of sales proceeds excluding eight million won (tax and public charges) after obtaining a cash card from the victim so that he/she can directly withdraw the remainder after deducting eight million won from the deposit account for sales proceeds in the victim’s name (tax and public charges) from the deposit account for sales proceeds.

As above, the Defendant was in custody for the victim of eight million won (tax and public charges deduction) from the sales proceeds deposited in the account in the victim’s name on September 30, 201, and KRW 20,082,013 of the sales proceeds of August 8, 201 of the instant store deposited in the said account on the same day.

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