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(영문) 서울중앙지방법원 2012.12.28 2011고단6183 (1)

업무상횡령

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

【Defendant A’s criminal records】 On August 28, 2008, the Seoul Central District Court sentenced three years of suspension of the execution of imprisonment for a crime of fraud at the Seoul Central District Court on November 29, 2008, and the judgment became final and conclusive on September 25, 2008, Defendant B sentenced two years of suspension of the execution of imprisonment for a crime of occupational embezzlement at the Seoul Central District Court on September 25, 2008, and the judgment became final and conclusive on December 11, 2008.

【Defendant F’s representative director who is the executor of the shopping mall in Jung-gu Seoul Metropolitan Government, and Defendant B’s representative director who is the agency of the shopping mall in Jung-gu and the store management company, and Defendant B processed the conclusion of a lease contract and the store management on behalf of the owner of the shopping mall.

The Defendants were unable to pay the company operating funds due to the low sales price of the E shopping mall, and Defendant B was willing to divert the lease deposit received from lessees to the company’s operating funds for the use of the company’s operating funds.

On March 28, 2006, the Defendants embezzled the sum of KRW 450,090,000 over 179 times in total, as indicated in the separate sheet of crime, and Defendant B embezzled the sum of KRW 271,200,000 for 110 times in total, as indicated in the separate sheet of crime, when Defendant B received KRW 2,00,000 from the lessee I of E shopping mall B2053, the lease deposit (lease application deposit) for the commercial building owned by the victim H, and then embezzled for the said victim’s occupational custody. Around that time, Defendant B embezzled the leased deposit for the commercial building under the name of G company G and its operation fund of F.

As a result, the Defendants conspired and embezzled another person's property in his/her occupational custody.

Summary of Evidence

1. The Defendants’ partial statements in the second and fourth trial records;

1. The statements of the witness J and K in the third protocol of trial are stated 1.