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(영문) 수원지방법원 2017.05.24 2015고단2815

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant was a person who had engaged in the business of leasing and managing a building under B's trade name, and was in charge of managing a building by entering into a management contract for cleaning, repairing, lease contract, etc. in the building in Bupyeong-si, Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, which is a common name of the victim C and D.

1. On November 21, 2014, the Defendant entered into a contract with Nonparty I on the extension of the lease agreement with the G Office located in Bupyeong-si, Busan, on the street parking lot in the name of the victims of H, on condition that the lease deposit is leased at KRW 5 million for a period of two years, and then requested advance payment of KRW 4.5 million per year, and received the payment of KRW 4.5 million per year, and embezzled the said money for the victims for their personal use while the Defendant was in the custody of the victims.

2. On November 26, 2014, the Defendant entered into a lease extension contract with Nonparty J with respect to No. 301, the victims in H, within the G Office as indicated in paragraph (1) of the same Article, on condition that the amount of the lease deposit increase to KRW 37 million was leased for a period of four years, and embezzled the said money for personal purposes while receiving the lease deposit and receiving it for the victims’ personal custody.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A certified copy of the register of an aggregate building, a copy of the preceding monthly rent contract, a copy of confirmation, a copy of inquiry about details of transactions, and application of statutes;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;