beta
(영문) 서울중앙지방법원 2017.11.23 2017고단4589

업무상횡령등

Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 30,000,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

B is the representative of the Incheon Office of "Law Firm H" in the building in the Nam-gu Incheon Metropolitan City, and from June 2015, Defendant A served as the head of the registration team (the head of the office) in the above law firm from June 2015.

1. Defendant A

A. On January 2015, Defendant A in violation of the Defense Act was a “registration team leader” of “Law Firm H” at the above corporate office B, and was responsible for the management of the office related to the application for registration, such as taking exclusive charge of preparation, submission, etc. of various relevant documents delegated by the customer without any actual management or supervision by the attorney-at-law. The Defendant paid the Defendant’s remuneration from the proceeds, and the Defendant’s employees who belong to the registration team. In such a way that the Defendant bears expenses or losses incurred in the relevant business affairs, Defendant A agreed to work as a “registration office” under the name of the attorney-at-law as a “registration office manager” who independently handles the delegated business affairs under his/her own account, and promoted that he/she

Accordingly, from June 2015 to April 2017, Defendant A accepted the case of application for registration from the above law firm office from the above law firm office, from financial institutions including I and the general customers, Defendant A prepared documents using the attorney’s name and received documents from the above attorney-at-law without any review or instruction from the above attorney-at-law, and received KRW 265,327,555 from the clients as shown in the attached list as fees.

Accordingly, the defendant, not a lawyer, received or promised to receive money, valuables, etc., and dealt with legal affairs.

B. Defendant A’s occupational embezzlement is a post office account in the name of H in the name of the law firm around the 26th of the same month pursuant to the sales contract for real estate of “O 552 square meters in Gwangju City” entered into between the victim M, N and the above K at the “L Co., Ltd. (hereinafter “L”) office located in the J and the third floor of Gwangju city around November 2015.