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(영문) 부산지방법원 2014.07.11 2014고정1448

업무상횡령등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant, as the head of the victim D management department in Gyeongnam-gun C, managed the company overall, and was engaged in the business of collecting the fees for the use of the company dormitory.

1. Occupational embezzlement;

A. On December 1, 2011, the Defendant: (a) leased a dormitory operated by the victim D Co., Ltd. to E Co., Ltd. at the office of the said victim D Co., Ltd.; (b) transferred monthly rent 1.650,000 won from E Co., Ltd. to his/her post office account (F); and (c) used the dormitory for the victim D Co., Ltd. for personal purposes, such as arbitrary payment to E Co., Ltd.; and (d) used it for E Co., Ltd. at his/her own discretion; and (e) used it for personal purposes, such as monthly rent from E Co., Ltd. as the monthly rent from E Co., Ltd. as well as monthly rent from E Co., Ltd. < Amended by Act No. 11121, Dec. 31, 2011; Act No. 11320, May 2, 2012; Act No. 11320, Dec. 7, 2012>

As a result, the Defendant arbitrarily consumed 7,920,000 won while keeping the above dormitory usage fee owned by the victim D in the course of business.

B. From November 22, 2012 to August 22, 2013, the Defendant, as to 4.5 million won of the dormitory usage fees of G, leased the dormitory operated by the victim D to G from November 2, 2012 to August 22, 2013, and received from G in cash the monthly rent of 500,000 won (2.50,000 won, respectively, on June 22, 2013) of the dormitory usage fees from G, and used them for the victim D arbitrarily for each time.

Accordingly, the Defendant arbitrarily consumed and embezzled the amount of 4.5 million won while keeping the above dormitory fee owned by the victim D in the course of business.

C. The Defendant’s embezzlement against H’s dormitory fee of KRW 2 million is a dormitory operated by the victim corporation D at the place of “A” from January 2013 to August 201 of the same year.