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(영문) 수원지방법원 2015.05.21 2014고단7139
업무상배임
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant entered into an agreement with the victim C and the victim D to enter into a gas station partnership business with the victim, from March 2012 to August 2012, 2012, the H station located in G, such as the F station located in the wife E, and from September 2012 to November 2013, the Defendant had the I station located in the same Gu E and the above H station operated with the said H station. As such, the Defendant had the duty to use the funds of each Dong station for the operation of the Dong station and manage them faithfully.

Nevertheless, around February 27, 2012, the Defendant transferred KRW 15,692,00 to the JP bank account operated by the Defendant himself, which was kept in the company bank account in the name of D, used for the operation of the FP bank account, and then transferred the amount of KRW 15,692,00 to the lessorK by using the payment of the remainder of the lease deposit to the HP bank account that the Defendant would pay at the time.

Accordingly, the Defendant arbitrarily consumed the total amount of KRW 15,692,00 and embezzled the total amount of KRW 316,087,629, as shown in the separate crime list from October 28, 2013, as well as arbitrarily consumed the said KRW 15,692,00.

Summary of Evidence

1. The statement to the effect that it is true that the defendant's transfer of a partner's money deposited in the account of the instant club owned by the defendant to the account of the Jju station to use it as stated in the attached list of crimes

1. Each legal statement of witness D and C;

1. Some statements of each prosecutor's protocol of examination of the defendant against the defendant;

1. Data on the details of deposits between each business operator's account balance, a copy of each business contract, a copy of each business operator's account balance, a copy of a real estate monthly sales contract, a copy of a pocket book, etc., a personal account transfer account user, account transaction details, etc., oil transaction details, cash deposit details, mail copy, and a gas station;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 356 and Article 356 of the Criminal Act by virtue of the relevant legal provisions on criminal facts.

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