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(영문) 서울중앙지방법원 2016.02.04 2015고단6519
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From around 200 to September 2010, the Defendant served as an accounting employee at “D”, a lessee of a building operated by the victim C, and from October 2010 to April 2015, the Defendant was dispatched to the said D and served as an accounting employee under the “ full-time safety planning of the building” under the said D, and the said D managed the building in Gangnam-gu Seoul Metropolitan Government E (ground 9 floors and 5 floors underground).

The Defendant received monthly rent from the lessees of the above building office in the new bank deposit account (I; hereinafter “lease account”) under the name of C(D) for the purpose of C and the victim F, public prosecution, G, H, etc. where the above building is co-owned with their respective shares, and managed monthly rent from the lessees of the above building office to the deposit account of the new bank (I; hereinafter “lease Account”). When expenditure such as commission fees, public charges, C, F, G, H, H, etc. is necessary, the Defendant made a withdrawal slip to prepare and execute the withdrawal slip with the approval of C. On the other hand, the Defendant made payments from C to the new bank deposit account in the name of C(D) in the name of C(D (J; hereinafter “Security Account”) for the use of consumed goods necessary for the operation of D office, welfare expenses, etc., and made a withdrawal of money and received approval of the disbursement details in a lump sum from C.

Around August 10, 2012, the Defendant prepared a withdrawal slip to disburse dividends of KRW 78,770,00,000 from D offices located in the above building 901, such as C, and the amount of dividends of KRW 4,87,00,000,000 from the rent account after obtaining the approval of C, and then withdraws dividends of KRW 20,000,000,000 to be remitted to F from the rent account to the money for the F, and then arbitrarily uses it for personal use in Seoul, etc. from the city to February 10, 2015, as shown in the list of crimes in the attached Form, and withdraws it after obtaining approval from the victim under the name of the dividend to be remitted to the victims and the health premiums to be paid for the victims, etc., or after remitting it from rent account to the temporary expense account.

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