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(영문) 서울중앙지방법원 2014.05.22 2014고단2331

업무상횡령

Text

Defendant

A shall be punished by a fine of KRW 10,000,00, and by a fine of KRW 5,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. From October 1, 2009, Defendant A, who served as the representative director of the Victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) from October 1, 2009, was in charge of overall management and custody of the funds of the Victim Co., Ltd.

On the other hand, from around 2006, the victim company leased F Hot Spring E to G, and received monthly rents from H by leasing F Hot Springs in F Hot Spring to H.

On May 2010, the Defendant, as the representative director of the Victim Company, kept the rent that the Victim Company received from the Victim Company G and H on behalf of the Victim Company, was in the process of accounting as if the above rent was deposited into the Company with the temporary deposit of the representative director, and was sentenced to the Defendant’s personal use by withdrawing the rent as the temporary deposit of the representative director.

On May 31, 2010, the Defendant: (a) withdrawn KRW 5,764,100, out of the revenue from the F Hot Spring rent kept for the victim company at the office of the victim company located on the fourth floor of Yeongdeungpo-gu Seoul Metropolitan Government, for the purpose of personal use; (b) withdrawn the revenue from the representative director under the pretext of repayment; and (c) withdrawn the revenue from the F Hot Spring rent for the purpose of personal use on August 5, 2010; (d) withdrawn KRW 910,00,00 on October 5, 201; and (e) withdrawn KRW 20,50,000 on March 30, 201; and (e) embezzled the revenue from the F Hot Spring rent for the purpose of personal use for the purpose of personal use; and (e) voluntarily withdrawn KRW 30,00,000 on July 30, 201; and (e) embezzled the revenue from the representative director under the pretext of personal use for the purpose of personal use.

2. Defendant B served as the representative director of the victim company from November 17, 2006 to March 31, 2009, and was in charge of overall management and custody of the funds of the victim company.

On the other hand, from around 2006, the victim company leased the F Hot Spring E to G, and the F Hot Spring in F Hot Spring to H for each month.

On February 2, 2009, the Defendant, as the representative director of the victim company, received from the victim company, G and H, the above F Hot Spring and cafeteria.