업무상배임
A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
D as the manager of the F Commercial Building, which is an aggregate building in Dong-gu, Dong-gu, Dong-gu, and was entrusted with the management of the commercial building and the management of the lease contract from the owner of the F commercial building, and the defendant, who was employed as the representative director of D from January 21, 2007 to April 30, 2009, was in charge of the business of concluding a lease contract on behalf of the owner of the F commercial building and receiving the lease deposit and rent from the lessee.
Around July 25, 2008, the Defendant entered into a lease agreement with H on nine stores, including KRW 150,000,000,000, monthly rent, and KRW 6,000,000 with H on a deposit basis. Accordingly, around September 10, 2008, the Defendant unilaterally appropriated KRW 150,000 as the deposit money for lease from H on a deposit basis; from around that time until April 30, 2009, the Defendant paid KRW 48,00,000 as the deposit for the share of the store owned by G from around April 30, 2009 to KRW 12,50,00,00 as the deposit amount corresponding to the share of the store owned by the victim G and KRW 4,00,000,000 as the rent for business purpose of the victim; and from then being placed in custody for the victim’s business purpose, the Defendant unilaterally rejected the lease agreement under the name of embezzlement;
In addition, the Defendant arbitrarily refused to return the F shop's stores owned by the victims from September 2007 to December 2008, as indicated in the attached list of crimes, and embezzled the leased deposit amount of KRW 64,571,269 and KRW 49,184,103 from April 30, 2009 to April 30, the Defendant received the lease deposit of KRW 64,571,269 and the rent of KRW 49,184,103 for the victims without due process, while carrying out business for the victims.
Summary of Evidence
1. Partial statement of witness G;
1. Part against the Defendant.