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(영문) 서울중앙지방법원 2016.10.28 2016고단4190
업무상횡령등
Text

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.

(e).

Reasons

Punishment of the crime

The Defendant is the representative director of Geumcheon-gu Seoul Metropolitan Government C building and the Victim D Co., Ltd. (hereinafter referred to as “D”) located under 903 Dong Dong-dong 903.

D Around April 14, 2008, from the Seoul Urban Railroad Corporation, a complainant, leased the rental deposit of 1,05,1650,000,000 won in 1,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

On September 18, 2013, if the Defendant subleases 2010,000 won among the above commercial buildings to G around September 18, 2013, the Defendant received and managed the sublease fee of KRW 20,000,000 from G as the corporate account of D, despite the fact that around December 4, 2013, the Defendant embezzled KRW 6,544,000,00 from that time to June 24, 2014 by means of the same method as the attached crime list, and embezzled the sublease fee of KRW 1,636,00,00 from G to the corporate account of D.

The Defendant, “2016 Highest 5178,” entered into a lease agreement with the Seoul Seocho-gu Seoul Metropolitan Government Urban Railroad Corporation for the second underground floor building of the Seocho-gu Seoul Metropolitan City Empline 7 from June 14, 2008 to June 13, 2013 with the term of lease, and did not perform the obligation to deliver a store to the victim despite the expiration of the term of lease, despite the expiration of the term of lease.

Accordingly, the victim filed an application for provisional disposition prohibiting the transfer of possession against the defendant (owner)D and the sub-contractor, and the provisional disposition on May 15, 2013 was executed on May 23, 2013.

The defendant has continued to perform his duty of delivery.

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