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(영문) 춘천지방법원 원주지원 2016.09.28 2015고합101
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Defendant

On September 1, 2003, the victim C made an investment of KRW 100 million each, and agreed to divide the profits by 50% while jointly operating the "Mo Motor Vehicle E Agency" in the Won-si.

After registering himself/herself as the representative and the victim as the employee of the above agency in accordance with the rules of modern motor vehicle which prohibits joint representation, the defendant was engaged in the management of operating funds by taking overall charge of the operation of the above agency.

1. The Defendant, using a new bank account (F) in his name, managed the above agency’s operating fund. On October 16, 2003, the Defendant transferred KRW 3,000,60 from the above bank account to the agricultural bank account (H) in the name of the Defendant’s wife from the above account to the agricultural bank account (H) in the name of the Defendant’s wife, and arbitrarily used it as an individual’s living cost, etc., along with the list

1. From the time of October 8, 2005, the total operating funds kept in the line of duty from the French to December 8, 2005 were consumed at will by KRW 206,676,681.

2. The Defendant, using the national bank account (I) in his name, managed the above agency’s operating funds. On October 14, 2005, the Defendant: (a) transferred the automobile trading amount of KRW 2,000,000 to an account (J) in the name of the head office of Hyundai Motor Bank in the name of the head office of Hyundai Motor Bank; and (b) arbitrarily used the vehicle trading amount of KRW 2,00,000 that the agent’s customer should personally bear; and (c) and (d)

2. From February 7, 2007 to February 7, 2007, a total of KRW 79,167,411, which had been kept in business by similar means from the French land, was arbitrarily consumed.

3. On February 15, 2007, the Defendant used a national bank account in his name (K) and managed the above agency’s operating funds. On February 15, 2007, the Defendant transferred KRW 500,000 from the above account to the national bank account (L) account in his name to the Defendant’s personal living expenses, etc., and used 50,000 to the personal living expenses, etc.

3. From that time to November 6, 2014, 284 in total from that time to that time.

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