beta
(영문) 서울중앙지방법원 2019.06.27 2018고단3642

업무상횡령

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Criminal facts

While the Defendant was in office as an attorney-at-law belonging to the law firm B, he was delegated to the Plaintiff’s attorney-at-law in the lawsuit for recovery of inheritance against D and four other persons, which began on February 2012, and the said lawsuit was proceeded with. The said lawsuit for recovery of inheritance became final and conclusive through the first instance court (Supreme Court Decision 2012Dhap542 Decided July 25, 2013), the said appellate court and the final appeal.

1. On September 4, 2013, the Defendant: (a) received KRW 313,20,161 from the other party D to the lawsuit; (b) transferred KRW 204,816,30 from E to the other party D; (c) KRW 83,531,106; (d) KRW 24,008,267 from G; (d) 422,244; and (e) KRW 422,244 from H to H; and (d) KRW 313,20,161 from H to the instant winning judgment; and (d) kept on behalf of the victim under the name of the said law firm as a new bank (I); (d) transferred KRW 42,980,024 under the name of the Defendant; (e) the same date; (e) the Defendant’s personal account under the name of the Defendant’s new bank (J); and (e) the Defendant’s personal account under the name of 36313,201,300 or 24.31.

2. On December 8, 2014, following the judgment of the appellate court of the lawsuit demanding inheritance recovery, the Defendant: (a) received KRW 37,409,451 from the other party D; (b) KRW 15,204,234; (c) KRW 4,457,675; (d) KRW 78,39; and (e) KRW 57,228,158, including KRW 78,39 from H; and (e) used KRW 78,39,00 from H; and (b) kept for the victim after having been issued with a new bank account (I) in the name of the law firm B; and (c) embezzled KRW 57,28,158, Dec. 8, 2014 to a new bank account under the name of the Defendant (J) for investment or personal debt.