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(영문) 서울중앙지방법원 2016.10.14 2015고합1211

특정경제범죄가중처벌등에관한법률위반(횡령)등

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around July 11, 2009, the Defendant: (a) the trade name at the time of the establishment of the company F (hereinafter “instant management company”) which is the management company of Jung-gu Seoul Metropolitan Government E Commercial Building (hereinafter “instant commercial building”); (b) was changed to “F of the stock company; and (c) was changed to “H of the stock company”; and (d) was subsequently closed on June 15, 2012.

hereinafter referred to as the “instant management company”

On August 28, 2009, the E-management body was appointed as the manager of the instant commercial building at the meeting of the E-management body consisting of the sectional owners of the instant commercial building.

On December 7, 2011, the Defendant established a parking lot E (hereinafter referred to as “E parking lot”) for the purpose of managing the parking lot, which is a common part of the instant commercial building, and was appointed as the representative director.

From February 201 to February 2012, the Defendant received KRW 1,754,00,000 from the lessees of monthly advance payment and lease deposit, which occurred as shown in the attached Table of Crimes, and embezzled KRW 1,732,733,90 for the victim E management body, in the course of business for the sake of the victim E management body. (2) around December 7, 2012, the Defendant embezzled KRW 7-1,00,000 for the victim E management body established in the specific store in the instant section of common use for business purposes, such as the repayment of the debt of the instant management body. (3) around December 7, 2012, the Defendant embezzled the amount of KRW 7-1,00,000 for the victim E management body, in the course of business, and around December 14, 2012, in the manner of raising the lease deposit that the management body of this case is obligated to pay to the I.

B. around May 30, 2012, the Defendant committed a crime against the victim E parking lot: (a) transferred KRW 100 million funds of the E parking lot to the victim E parking lot for the purpose of the victim E parking lot; and (b) around that time, the Defendant transferred the funds of KRW 100 million to the employees of the instant management company