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(영문) 서울남부지방법원 2014.07.22 2014고단1375

업무상횡령등

Text

A defendant shall be punished by imprisonment for two years.

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

【2014 Highest 1375】 The Defendant was a certified judicial scrivener office from April 200 to April 2003; from December 2006 to December 2008; and from February 10, 2009 to the “E certified judicial scrivener office”, the Defendant was a secretary; and from February 10, 2009 to the “E certified judicial scrivener office.”

6. Until 26.26. As a secretary, the court was engaged in the business of receiving the deposit on behalf of the clients.

1. On December 2008, the Defendant deposited KRW 35,550,000 as security deposit money for provisional seizure of claims at the office of the 9th floor of the F building in Yeongdeungpo-gu Seoul Special Metropolitan City on the early 2008, “In order to receive KRW 150,000,000 from the debtor G from the debtor company, the Defendant deposited KRW 35,550,000 with the Seoul Southern Southern District Court on June 2, 2007, and received a favorable decision from the victim company by the court decision around the end of the same year.”

After that, on December 3, 2008, the Defendant prepared a written claim for payment of deposit money in the name of a certified judicial scrivener H on the sum of KRW 35,50,00,00 and interest KRW 1,141,495, and submitted it to the Southern Branch of the New Bank upon receiving a written order for payment of deposit money from the said court, and received KRW 36,691,495.

The Defendant, on behalf of the victim company, has been in custody of KRW 36,691,495 for business purposes, and at that time, embezzled by voluntarily consuming the Defendant’s personal project cost, etc.

2. On February 2010, the Defendant deposited KRW 116,00,000 in the Seoul Southern District Court on June 2007, the Defendant deposited KRW 116,00,00 in the name of a security deposit for provisional seizure of claims against the Defendant and three other parties, a debtor, at the 9th floor office of the F building in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. On February 201, the Defendant deposited KRW 490,000,00 for the purpose of the security deposit for provisional seizure of claims, and the Defendant received a favorable decision from the victim company at the end of the same year.”

After that, the defendant is later guilty.