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(영문) 부산지방법원 2016.09.08 2016고단4276
업무상횡령등
Text

1. Defendant A shall be punished by imprisonment with prison labor for four years.

2. Defendant B shall be punished by imprisonment for six months.

(2).

Reasons

Punishment of the crime

1. Defendant A

A. On April 20, 2014, the Defendant: (a) around April 20, 2014, operated a wholesale business with the victim D as a partner; (b) the Defendant would be in charge of the receipt and settlement of active sales proceeds and the settlement of accounts; and (c) the Defendant distributed KRW 3,500,000 each month; and (d) the remainder of the profits was kept in the account related to the business and agreed to use it for the business funds thereafter.

On December 4, 2014, the Defendant collected KRW 3,00,000 in cash from an unspecified customer located in Suwon-dong, Busan, the Defendant deposited it into the Busan bank account in the name of the Defendant, and did not deposit it into the account related to the Dong business, and used it for personal purposes, such as using it as funds for illegal sports earth and sand gambling around that time. From the above date to June 28, 2016, the Defendant deposited KRW 37,890,000 in cash for total 246 times from the above date and time to June 28, 2016, and consumed it for personal purposes by depositing it into the above account under the name of the Defendant.

Accordingly, the defendant embezzled the victim's property.

(b) No person who violates the National Sports Promotion Act shall gambling using a prohibited act in which a person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, issued sports betting tickets or similar things and used them to provide property or property benefits to persons who win at the betting;

Nevertheless, around April 20, 2014, the Defendant opened the Internet illegal sports soil site as a member with access to the “H” site, a mobile phone, and transferred KRW 200,000 from the Busan Bank account (G) in the name of the Defendant to the Agricultural Cooperative (J) account in the name of the Defendant, which is managed by the gambling site operator, and deposited it with cyber money. Then, the Defendant anticipated the incidental results of various sports games, such as domestic and foreign axiss and farming districts.

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