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(영문) 서울중앙지방법원 2016.12.15 2016고단4657
횡령
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On April 14, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Seoul Central District Court and two years of suspension of execution on April 22, 2015, and the judgment became final and conclusive on April 22, 2015.

【Criminal Facts】

The Defendant, from around April 2008 to around April 2015, was in charge of the lease management of the building owned by the victim C.

1. On February 25, 2013, the Defendant, on behalf of the victim, embezzled KRW 15,00,000,000 for the increased portion of D’s deposit for lease on behalf of the victim on February 25, 2013, prepared a real estate lease agreement stating that the lessee D and the deposit for lease should be increased from KRW 60,5,000 to KRW 75,000,000 on behalf of the victim under subparagraph 202 among buildings located in Songpa-gu Seoul, Songpa-gu, Seoul, which is the victim’s ownership, and embezzled it for personal purposes at KRW 15,00,000 from KRW D on the face.

2. On November 20, 2014, the Defendant embezzled KRW 10,000,000, out of the refund deposit money of G on November 20, 2014, he/she received a demand from the lessee referred to in subparagraph 2 of Article 202 to return KRW 10,000,000,000, out of the lease deposit money of KRW 40,000 from the victim, among the buildings of Songpa-gu Seoul building owned by the victim, and embezzled the deposit money of KRW 10,00,000,000 from the agricultural bank passbook in the name of the Defendant’s father, his/her father, and used it for his/her personal purpose at his/her residence.

3. On January 19, 2015, the Defendant: (a) received KRW 40 million from the victim using the agricultural bank account in the name of the victim for the return of the deposit deposit money of the lessee No. 302 located in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, which was owned by the victim; and (b) returned KRW 20 million to the said I on January 21, 2015; and (c) withdrawn KRW 20 million in cash around January 19, 2015, the remainder of KRW 20 million in custody for the victim.

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