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(영문) 서울중앙지방법원 2014.08.22 2013고단5150
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 18, 2012, the defendant was sentenced to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the crime of occupational embezzlement in the Seoul Northern District Court on May 18, 2012, and was finally decided on April 11, 2013.

On October 4, 2002, the Defendant purchased the F building in Seoul, Jung-gu D and E with the delegation of the Victim C, and was entrusted with the management of the said F building from the Victim C with the management of the said F building, and conspired with G in collusion with G to designate the Defendant-friendly G as the manager of the F building. After receiving the rent of the lessees of the said F building to the bank account in the name of G (Account Number H) and the foreign exchange bank account (Account Number I) account (Account Number I) in which the Victim C was not used, the Defendant sent only part of the said rent to the Defendant’s agricultural bank account (J) and the remainder to be used for the personal purpose of the Defendant.

1. The Defendant, around November 2004, leased underground floor of the above F building to K on or around November 2004. On or around July 27, 2006, when he was transferred from K to the bank account in the above G name and used the rent of KRW 4 million for the victim C, he/she embezzled the sum of the rent of KRW 11,762,00,000 from the time around that time to April 28, 2010 as shown in the annexed crime list (1) as shown in the annexed crime list, while he/she was in the business for the victim C, transferred the rent of KRW 4 million from K to the bank account in the above G’s name or the foreign exchange bank account in the victim’s name and used it for personal purposes for the victim C.

2. The Defendant, around December 5, 2008, leased the first floor of the F building to L on or around December 5, 2008. At around that time, he was transferred rent of KRW 32 million from L to the foreign exchange bank account in the name of the victim C and was in custody for the victim C, and then transferred KRW 2 million to the bank account in the name of the said G at that time.

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