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(영문) 대전지방법원천안지원 2020.11.11 2019고단1686
업무상횡령등
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

The Defendants, as employees of the management department of the C&C for housing construction and real estate rental business, were in charge of lease management, accounting, and general affairs, including lease contracts related to buildings, collection of delinquent rents, etc., and rental contracts related to buildings, collection of delinquent rents, etc., managed by the victims D(hereinafter referred to as “victim D”) for the purpose of real estate rental sales as employees of the C&C corporation for the purpose of housing construction and real estate rental business.

1. On May 22, 2017, the Defendant, at the victim D office located in the Gangnam-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) around April 18, 2016, by deceiving the victim D to the effect that, although there was no fact that the lessee and the lessee were to have reduced the rental deposit from the contract amounting to KRW 100,000,000,000 of the rental deposit with the lessee, Defendant B had the victim D decided to reduce the rental deposit from KRW 70,000,000,000,000,000 was deducted from the victim D to the Defendant’s spouse H account in the name of returning the rental deposit.

2. On July 14, 2017, Defendant B’s occupational embezzlement as to the attached list 1 of the crime sight table 1, the Defendant, at the above victim D office, obtained KRW 9.5 million in cash from the lessee’s office as to the above building J, and consumed the above building for personal purposes, such as living expenses, etc. around that time during the occupational storage for the victim D, and embezzled the total amount of KRW 99.5 million for five occasions from that time until February 7, 2018, as indicated in the attached list 1 of the crime sight table 1.

3. The Defendants’ occupational embezzlement against victims D with intent to arbitrarily set up the K account in the name of the victim D with the documents related to the legal entity, such as a certificate of the personal seal impression, and embezzlement by allowing the above building lessees to transfer the rental deposit and rent from the said building to the said account.

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