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(영문) 서울중앙지방법원 2015.07.16 2013고합1471
업무상횡령등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On July 2, 2010, the Seoul High Court sentenced one year and six months of imprisonment to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on October 14, 201, which became final and conclusive on March 18, 201, the above judgment became final and conclusive on July 26, 201 after having been sentenced one year of imprisonment and two years of suspended execution to a criminal act for occupational embezzlement in the same court on March 18, 201. On February 18, 2014, the above judgment became final and conclusive on September 12, 2014.

【Criminal Facts】

1. On August 2007, from around August 2007 to August 2009, the Defendant committed the following crimes while serving as the representative director of the victim E (hereinafter “victim E” or “E”, and in all cases, from the second entry to the company omitted the name of the stock company). The Defendant committed the following crimes while engaging in the business of entering into sales contracts in the Gyeonggi-gu F commercial building (hereinafter “instant commercial building”) in which the victim company was awarded a successful bid and sold in lots by the company.

On December 27, 2007, the Defendant entered a sales contract in the sales office in the instant commercial building (as a result of the indictment, the above written indictment appears to have been written in writing according to the evidence such as witness H and I’s legal statement, etc.) on the 4.6 billion won of the sales price for H and 8 and 9 commercial buildings in the instant commercial building, which intend to operate a wabing room in the instant commercial building, and made a sales contract in the amount of KRW 290 million out of the down payment 30 million to deposit the down payment into the corporate account of the victim company and embezzled the remainder of KRW 10 million on behalf of the victim company at his/her own discretion during the course of performing his/her duties.

B. On January 28, 2008, the Defendant entered into an additional sales contract with the above H on the first floor 121 and 5th floor of the instant commercial building at the place under the preceding paragraph, and the intermediate payment and remainder are financial institutions by H.

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