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(영문) 서울남부지방법원 2016.09.09 2015고단424
업무상횡령
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant, as a representative of temporary occupants of officetels in Guro-gu Seoul Metropolitan Government from June 2013 to June 16, 2014, has been engaged in the tasks of supervising the entrusted controlled entity (management office) and the collection of officetel parking expenses.

A. On August 1, 2013, the Defendant received KRW 3,720,000,000 from F, the former manager of an officetel, and KRW 840,560,000,00,000,000, which was not found by the occupants of the parking card reserve, after being entrusted with the parking card deposit from the occupants of the parking card, from the former manager of the officetel, and received KRW 1,20,000,000 from G representative of the management entity entrusted with an officetel around the 29th of the same month. From August 2013 to June 2014, the Defendant collected KRW 26,678,000 from the occupants and visitors, and collected KRW 32,438,00,00 in total, from the occupants and had them keep in custody for the said officetel victims.

Defendant used 8,088,100 won for parking lot management, and 18,002,060 won, excluding 6,347,840 won for remaining deposit and parking expenses, for personal use.

B. From Jun. 2013, the Defendant received management expenses from the said officetel occupant’s account in the name of G and received them from the said officetel occupant’s account in the course of business for the victims. On Aug. 2013, the Defendant continued to receive management expenses from the management office of the said officetel’s office and received them from the management expenses, and decided to acquire them. On his/her own account, the Defendant prepared documents as if the Defendant’s wife J had worked in G, and demanded the documents as if he/she had worked in G to change the cost of his/her sales, and then registered the saidJ as his/her employee to deposit approximately KRW 2 million each month from the said national bank account to the account of the national bank in the name of G, and then received KRW 16,510 at his/her own discretion from Sep. 2013 to May 2014, and delivered KRW 16,510 to the national bank account in the name of J. 75,510.

This is the defendant.

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