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(영문) 대구지방법원 안동지원 2018.04.20 2017고단259
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From March 1996 to March 2013, 2013, the Defendant managed the commercial building located on the D ground of Suwon-si, Suwon-si, one half of which shares are jointly owned by the victim and the victim under an agreement with the victim C, and has been engaged in the business of collecting rent incurred by leasing the commercial building and paying one half of the rent to the victim.

1. Occupational embezzlements for rents of age clubs;

A. On June 16, 200, the Defendant leased approximately KRW 263 square meters of the second floor of the above commercial building to E, and embezzled KRW 46,150,000 out of the total rent to be paid to the victim on August 30, 200 by arbitrarily consuming the rent of KRW 90,00,000 to be paid to the victim on the part of the victim on the part of the victim after receiving the rent of KRW 1,80,00 from the above E on August 30, 200, as well as arbitrarily consuming the rent of KRW 9,00,000 from around the above day to May 16, 200.

B. On June 30, 2009, the Defendant leased the second floor sports club of the above commercial building to F, and embezzled KRW 38 million out of the total rent to be paid to the victim by arbitrarily consuming the rent of KRW 2 million from F around June 30, 2009 to the cost of living, etc. Around that time, the Defendant used the rent of KRW 2 million to be paid to the victim as living expenses, etc. In addition, from around the above day to October 201, the Defendant embezzled the amount of KRW 15 million by arbitrarily consuming the rent to the victim by the same method as shown in the attached Table (2) of the crime daily list from around the above day to October 201.

(c)

On November 18, 2011, the Defendant leased the second floor sports club to G from the above building on the commercial building around November 18, 201, and received the rent of KRW 4 million from the above G on December 30, 201 and received the rent of KRW 4 million from the above G on and around December 30, 201, and has to pay it to the victim around that time.

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