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(영문) 서울동부지방법원 2016.01.28 2015고단2755
업무상횡령등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On November 10, 201, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Eastern District Court on January 27, 201, which became final and conclusive on January 27, 2012, and completed the execution of the sentence on May 19, 2012.

On June 23, 2014, the Defendant was sentenced to imprisonment on April 30, 2015 at the Seoul Eastern District Court, and the said judgment became final and conclusive on September 21, 2015.

[2] The Defendant, from August 28, 2012 to June 10, 2013, served as a golf business operator and golf course manager on the second floor of Seongdong-gu Seoul Metropolitan Government D shop operated by the victim C from around August 28, 2012 to June 10, 2013, and was engaged in golf leson and golf course membership membership management.

1. On September 6, 2012, the Defendant: (a) prepared an application for membership with F and golf membership in E around September 6, 2012; and (b) received KRW 200,000 as the Defendant’s agricultural bank account under the name of golf membership.

Although the defendant should immediately deposit the above money with the above Ekwitter, he used it for personal purposes around that time while keeping it in the defendant's account.

In addition, from around that time to around May 2013, the Defendant embezzled KRW 18,400,000, which was received from members and kept in the same way 29 times, such as the list of crimes (1) in attached Form 29.

2. The Defendant, in occupational breach of trust, served as a golf term professional or golf course manager in the above E, and in the event that he receives golf membership fees from golf course members, he/she is obliged not to grant a discount on membership rights, to provide coophones, to the members, and to provide a non-voluntary provision for golf scoos.

Nevertheless, on March 4, 2013, the Defendant violated his duties and ordered members G to provide a voluntary discount service equivalent to KRW 500,000 and a voluntary discount equivalent to KRW 300,000.

Accordingly, the defendant acquired financial benefits equivalent to KRW 800,000 from G, and the victim suffered financial losses equivalent to the same amount.

The defendant as well as the defendant.

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