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Reasons
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(영문) 서울남부지방법원 2019.01.10 2017고단6101
업무상횡령
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, from May 4, 2015 to March 28, 2017, was in office as the chairperson of the Victim’s “Cbuilding Building Building Building Store” located in Yangcheon-gu Seoul Metropolitan Government, and was engaged in the business of commercial building management by storing, managing, and executing management expenses collected from the occupants of the said commercial building.

On May 4, 2015, the Defendant acquired management expenses carried over by the victim D in cash from the former Chairperson D, and used KRW 5,650,033,333 out of them to the E bank account under the name of the Defendant, and deposited KRW 10,009,219 in the E bank account under the name of the Defendant, and deposited KRW 45,042,552 out of each of the above accounts for the victim, and used them for personal consumption by borrowing KRW 10,60,607,464, which is the remainder of the carried-over management expenses, for the victim in cash, at his/her own discretion around September 7, 2015.

From June 22, 2015 to March 20, 2017, the Defendant continuously transferred the aggregate of KRW 332,573,301 of the management expenses of shopping district occupants to the E bank account (I) in the name of the Defendant, and from February 25, 2016 to March 4, 2017, the Defendant disbursed KRW 5,564,049 in total over 63 times from February 25, 2016 to March 22, 2017, excluding KRW 4,281,08,00 for personal consumption of Korean power, Seoul, etc. for 15 times, as indicated in the attached Table of Transfer List (1) to the E bank account in the name of the Defendant, and disbursed the amount for the victim, from around April 20, 2016 to March 22, 2017 to March 16, 2016, excluding the remainder of KRW 4,281,080.

As a result, the Defendant embezzled the total amount of KRW 66,932,985 as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement to K;

1. Details of transfer of management expenses for each complainant and each complainant;

1. C building received from the L of the Bank of Korea;

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