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Reasons
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(영문) 부산지방법원 동부지원 2016.02.15 2015고단678
업무상횡령
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A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the embezzlement of business profits and occupational breach of trust are separate.

Reasons

Punishment of the crime

On June 1, 2013, the Defendant acquired the “E club” located in Suwon-gu Busan Metropolitan Government D (hereinafter “instant club”) from F, an operator of the entire business.

After that, on July 8, 2013, the Defendant entered into a partnership agreement with the victim G to jointly operate the “instant age club,” and entered into such agreement, and the imposition of heavy property tax on the instant age club imposed during the entire business period (hereinafter “serious taxation”) on the Defendant. The Defendant determined the total amount of investment as KRW 1,100,000,000, and then determined the Defendant’s investment amount as KRW 660,000,000, the victim’s investment amount as KRW 440,000,000, and divided the amount of the Defendant’s investment amount as KRW 60:40,000,00, and divided the amount of the Defendant’s investment amount as KRW 60:40,00,00, and the amount of the Defendant’s investment amount as KRW

1. The Defendant, on July 8, 2013, embezzled of KRW 120,000,000 for joint investment, collected 240,000,000 from the injured party in cash, out of KRW 440,00,00 for investment, and collected from the injured party in cash, as above, the same year.

7. Around July 9, 2013, 120,000 won out of 20,000 won check was collected as 20,000,000 won for the personal use of the victim’s wife’s wife’s account (Account Number: I) around that time.

Accordingly, the Defendant embezzled KRW 120,000,000 in the course of business custody for the victim.

2. From December 26, 2013 to March 2015, the Defendant embezzled KRW 350,40,000, total sum of 16 months from around December 26, 2013 to around March 2015, by means of installing and using the Defendant’s residence in Suwon-gu Busan, Busan, and 105 Dong 1102, by means of having the Defendant automatically check out the amount of KRW 21,90,00,00 from the Busan Bank’s account, which is a business deposit of the said Heart club.

Summary of Evidence

1. The defendant's partial statement in court;

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