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(영문) 의정부지방법원 고양지원 2016.08.11 2015고단3280
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 15, 2008, the Defendant agreed to jointly operate the mutually agreed company between C and the national LPG charging facilities for the purpose of safety inspection, repair, repair, etc., and entered into a partnership agreement with the victim with C to jointly take charge of the overall operation of the above victim and to jointly take charge of the management of funds, etc., even in cases where the profits accrued from the operation thereof are distributed to C at a certain rate according to the business performance after closing accounts up until the termination of the partnership agreement.

On January 20, 2012, the Defendant: (a) kept the victim’s operating funds in the bank account (F) in the name of the victim in the name of the “DA” at the Defendant’s residence of the Dong-gu, Yongsan-gu, Yongsan-gu; (b) on January 20, 2012; (c) used 1 million won interest on the loan accrued when purchasing a house owned by the Defendant for personal purposes.

In addition, the Defendant spent the total of KRW 165,280,432 in 77 times in the manner described in the annexed crime list between the above date and January 22, 2015.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including part concerning the C confrontation);

1. (A) The application of the Act and subordinate statutes to the Korean bank F Account copy of the passbook in the name of D (A), the suspect's internal interior decoration of construction tax, the provision of financial transaction information (such as the statement of financial transaction information, etc.), the apartment sale and purchase contract (U.S. G apartment 906-104, U.S., Dong-gu, U.S.), the copy of the passbook in the I. Savings Account of the Korean Bank H of the Bank (100,000 won in deposit), the copy of the passbook in the I. Savings Account of the Korean bank (1.4 million won in deposit), the investigation report (the suspect's internal interior interior interior interior interior interior interior interior interior interior interior interior of apartment and the statement

1. Article 356 of the Criminal Act applicable to the crime and Articles 355(1) of the Criminal Act (a comprehensive, imprisonment with prison labor)

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