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(영문) 창원지방법원 진주지원 2012.07.18 2011고단1197
업무상횡령등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On May 4, 2010, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment with prison labor for embezzlement at the Jinwon District Court's Jinju branch on October 4, 201 and had a record of its final judgment on December 24, 2010.

"2011 Highest 1197"

1. The Defendant, on February 21, 2004, has been engaged in the business embezzlement of 71 lots of real estate owned by the victim D and 28 lots of real estate owned by the victim E, 32 lots of real estate owned by the victim F, 21 lots of real estate owned by the victim H, 24 lots of real estate owned by the victim H, 578,947 square meters of real estate owned by the victim I, by being delegated management by the victim D and leased the said real estate to another person, and thereafter has been engaged in the business of leasing the said real estate to the third person, and paying the rent from the lessee each year.

On December 7, 2004, the Defendant received KRW 600,000,00 from K as one-year rental fee, which is the cultivator of real estate in the J-dong, Chungcheongnam-gun, Chungcheongnam-do, and embezzled KRW 28,284,00,00 in total for the rent of 2004 from the above K and six other on December 6, 2004 as shown in attached Table 1 of the Crimes List 28,284,00 in total for the rent of 204, while carrying out the business for the above victims, and then conveyed KRW 21,00,000 to the victim D around December 7, 2004, the Defendant embezzled the remainder of KRW 7,284,00 in each city for personal use.

In addition, the Defendant, from around that time to January 8, 2010, received rent equivalent to KRW 174,115,574 in total from the above K, etc., and embezzled the amount of KRW 98,853,574 in personal use while performing duties for the victims, as indicated in the attached Table 1.

2. On November 2008, the Defendant entered 117 parcels of land owned by the said D, etc. into a large-scale industrial complex, and obtained confirmation, etc. from the lower-dong Military Office, and thereafter, obtained compensation for farming loss from the actual farmer of the said farmland.

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