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(영문) 서울중앙지방법원 2016.02.16 2014고단141

업무상횡령등

Text

A defendant shall be punished by imprisonment for a term of one year and nine months.

Reasons

Punishment of the crime

On February 7, 2012, the Defendant was sentenced to a suspended sentence of one year and two months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on May 16, 2013.

"2014 Highest 141"

1. From March 2008, the Defendant: (a) received all delegation from six victims, including the Victim F, the owner of the building in relation to the reconstruction project of the apartment site in Seocho-gu Seoul and Seocho-gu Seoul, with respect to the implementation of the construction cost and the agreement on the completion of the construction project; and (b) managed the execution of the construction cost and the payment of taxes; and (c) kept funds from the victims G and the victims’ respective accounts in the name of the victim F.

around February 12, 2009, the Defendant arbitrarily used 369,883,800 won in personal debt repayment, living expenses, etc. over 53 times from February 12, 2009 to October 28, 2010 as shown in the attached Table 1, at the Seocho-gu Seoul Seocho-gu branch of Han Bank, Seocho-gu, Seoul, for the victims’ G account (Account Number H) at one bank account in the name of the victim G at the beginning of Han Bank, Seocho-gu, Seoul, and used 369,83,800 won in personal debt repayment, living expenses, etc. at one bank account in the name of the victim, from April 9, 2009 to 10,000 won in personal account (Account Number I): from 00,000 won in custody of the victims to 20,000 won in personal debt repayment to the victim; from 90,790,709,970,970.

Accordingly, the Defendant arbitrarily consumed the amount of KRW 479,680,80 owned by the victims while on duty for the victims, and embezzled the amount.

"2014 Highest 3205"

2. The Defendant is a person who has served as an auditor of the wind power generation chain (ju) K in Eunpyeong-gu Seoul Metropolitan GovernmentJ.

On March 2012, the Defendant supplied the household to N of the victim M's staff who operates L at the above office.