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(영문) 수원지방법원 안산지원 2017.09.20 2016고단2371
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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 November 2012, the Defendant was delegated by the victim C with the management duties of the five-story building E, owned by the victim in Ansan-si from around November 2012, and was engaged in the conclusion of each studio rental contract and the receipt of rent deposits and rents within the above E.

Around January 3, 2014, the Defendant: (a) concluded a lease agreement with the lessee F to KRW 3,000,000 for E 306; and (b) received KRW 3,000,000 from the lessee as the deposit money for lease; and (c) concluded a lease agreement with the victim as KRW 2,00,000,000 on behalf of the victim while the lessee was on business storage for the victim.

In addition, from around the above day to June 23, 2014, the difference of KRW 1,00,000 was not returned to the victim and embezzled for personal use at will, and from around the above day to June 23, 2014, the following methods were embezzled by arbitrarily consuming KRW 39,840,00 for personal use during occupational storage for the victim, as shown in the list of crimes in the attached Table of Crimes.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Legal statement of witness G;

1. Entry of the witness C in part of the third public trial protocol;

1. A copy of each lease agreement;

1. Application of Acts and subordinate statutes to a copy of a copy of a Handwritten application;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;

1. As to the Defendant’s assertion under Article 62(1) of the suspended execution Act, the Defendant either spent for the E management expenses or deposited separately with the victim in the list of offenses in the attached Form No. 1 to 5, and the Defendant’s use of the deposit money from the victimized party for the settlement of the income and expenses arising from the E management.

The argument is asserted.

However, this Court has adopted and investigated.

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