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Defendant
A Imprisonment with prison labor for two years and for six months, respectively.
However, from the date this judgment became final and conclusive, Defendant A.
Reasons
Punishment of the crime
On November 16, 2015, the victim F (State) is an enterprise operating H parking lot operation rights awarded in Mapo-gu Seoul Metropolitan Government by winning a contract, and the defendant A is a management director of the above parking lot who has been in the position of keeping the parking fees received from the customers for the victim while in charge of the management of the parking lot, such as the settlement of parking revenue, etc. as a management director of the above parking lot, and the defendant B is a person in charge of the management of the proceeds of the above parking lot while serving as the vice head in charge of the business development at the PM business team of the victim
1. Defendant A’s crime;
A. On April 30, 2016, the Defendant received 400,000 won of parking fees of one month from the Plaintiff, a regular parking customer of the said parking lot, from the Defendant’s bank account (J) with the name of the Defendant. As such, there was an occupational duty to deposit the money to the victim, and until that time, the Defendant was in the status of keeping the money for the victim.
Nevertheless, the Defendant, without paying such deposit to the victim, wrongfully consumed and embezzled for personal purposes, and, from November 30, 2015 to November 30, 2017, the Defendant embezzled KRW 35,645,00 in total over 101 times in total, as indicated in attached Table 2 and attached Table 3, from around November 30, 2015, from around November 30, 2017 to around November 30, 2017, as follows: 4, 53, 64, 64, 70, 71, 75, 80, 83, 91, 97, 105, 113, 114, 115, and 116.
B. The Defendant received parking fees from the customers in cash, and had a duty to deposit them again to the victim, and until that time, he/she had a duty to keep them in custody for the victim.
Nevertheless, on December 23, 2015, the Defendant deposited KRW 200,000, out of the cash kept as above, into a new bank account under the name of the Defendant, and wrongfully consumed and embezzled it for personal purposes. From that time to September 26, 2017, the Defendant used the attached list 3.