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(영문) 서울중앙지방법원 2020.06.26 2019고단8276
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 1, 207 through consultation between the defendant and the victim C, victim D, and victim E, who are co-owners of the unregistered building located in Dongjak-gu Seoul Metropolitan Government, from around January 1, 2007 to manage the above co-owners by being in charge of underground and F, G, H, I, J, and K, which are common areas among the above buildings, and after concluding a lease contract and lease contract, and receiving the lease deposit, lease deposit, monthly rent, etc., and then keeping the above co-owners for the above co-owners, the defendant is in charge of management such as the payment of public charges such as electricity and water supply fee, return of lease deposit and lease deposit, repair expenses and construction expenses for the repair and maintenance of the building.

1. On June 25, 2010, the Defendant voluntarily used KRW 5 million for personal purposes, such as using the Defendant’s personal business, on June 30, 2010, while receiving 5 million won increase in the existing deposit money from L who is the Fheading tenant of the said building from L to a corporate bank account under the name of the Defendant and keeping it for the victims.

2. The Defendant voluntarily used KRW 13.1 million among the period from April 5, 2012 to May 1, 2012, for personal purposes, such as using the Defendant’s securities investment and personal business during the period from April 17, 2012 to May 1, 2012, while receiving KRW 50 million from M, a lessee of the said building, to an enterprise bank account in the name of the Defendant, for the sake of the victims.

3. On April 3, 2014, the Defendant voluntarily used KRW 10 million on the same day for personal purposes, such as using it for the Defendant’s securities investment, while receiving KRW 10 million from L as stated in the foregoing paragraph (1) to an enterprise bank account under the name of the Defendant and being transferred to the victims for business purposes.

4. On February 5, 2016, the Defendant is an enterprise bank account in the name of the Defendant, among the remainder of KRW 10 million, from N, a tenant of the underground floor of the foregoing building, the remainder of KRW 9 million.

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