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(영문) 서울서부지방법원 2017.10.13 2017고정226
업무상횡령
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

From January 30, 2013, the Defendant engaged in the business of arranging study abroad with the trade name “D,” and entered into an entrustment contract with E High School on October 1, 2014, thereby engaging in the business of managing and executing the English camp operation funds of E High School.

The Defendant arbitrarily used KRW 4,57,539 in total for personal purposes, as stated in the list of crimes in the attached Table, from November 5, 2014 to January 20, 2015, while receiving KRW 300,000,000 from E high school to the account (one bank, and F) in the name of the Defendant on December 31, 2014, while in the course of business custody for the victim E high school, the Defendant used KRW 123,151 as the Defendant’s main oil expenses for the victim E high school.

Accordingly, the defendant embezzled the victim's property in his occupational custody.

Summary of Evidence

1. Some statements made to the defendant in the protocol of interrogation of the suspect against the defendant (including the G substitute part);

1. Legal statement of witness G;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made to I by the police;

1. A written accusation or a written investigation of accusation;

1. Each English camp cash receipt and disbursement book (No. 7,8) of each English camp (No. 2014 and a list of evidence);

1. Enforcement of the entrustment contract for the affairs of the second time, a copy of the standard contract for services, and a copy of the content of the business (No. 26,27,28 No. 535, Dec. 28);

1. A copy of the details of disbursement of the J office operating expenses and a copy of the disbursement resolution (No. 44,45 No. 5 of evidence);

1. A copy of the request for disbursement of J operating expenses and evidence file (No. 46,47 No. 55);

1. Documents evidencing the operating expenses of the English camp office (No. 48 No. 500);

1. Copies of each disbursement resolution, copies of disbursement receipts, and documentary evidence (Nos. 49 through 58 of the evidence list);

1. Details of use of the J operating expenses twice, requests for submission of documentary evidence, and details of the recovery of operating expenses attached thereto, settlement details, and refund of operating expenses (No. 141 No. 141 of the evidence list);

1. Application of Acts and subordinate statutes to a copy of the letter of resolution for purchase (No. 142 No. 142);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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