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(영문) 서울중앙지방법원 2015.01.29 2014고정4610

업무상횡령

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant’s status as the manager of the E-building E-building Building in Jung-gu Seoul Metropolitan Government (hereinafter “F store”) was appointed on March 25, 2009 and worked as the manager of the F branch company from October 26, 2010. The Defendant established a G Co., Ltd. to manage the F branch company around April 14, 2009 when the F branch was appointed as the manager. On June 15, 2009, the Defendant taken office as the representative director around July 2009, and collected management expenses from the merchants in the name of the F branch company in the capacity of the representative director of the said G branch and deposited them into the deposit account in the name of the G branch company (I) while the F branch company collected the management expenses from the merchants in the name of the F branch company and deposited them in the name of the manager in the name of the F branch company in the name of the Defendant’s deposit account (hereinafter “J”).

2. Around January 28, 2010, the Defendant, as a manager, filed a lawsuit claiming return of unjust enrichment (Seoul Central District Court 2010Gahap9103 case) against the Defendant, who is the representative director and manager of the said G corporation and the said G corporation, with the Seoul Central District Court (Seoul Central District Court 2010Gahap9103 case). Around February 24, 2010, the Defendant was prohibited from paying attorney-at-law fees for the said G corporation from the money deposited in the deposit account in the said bank account in the name of the Defendant. However, around February 24, 2010, the Defendant transferred KRW 5,000, total of KRW 2,500,000 from the said bank deposit account in the name of the Defendant and the said G corporation, as attorney-at-law fees for the said G corporation.

As a result, the Defendant deposited the deposit money for common use, rent, parking fee, etc. in the deposit account of the above bank in the name of the Defendant for the merchant who moved in the Fran shop, and kept it for business purposes, the above Seoul Central District Court 2010Kahap9103 related to the above G corporation.