A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The victim B shall lease sound equipment and other equipment to the Public Performance Planning Co., Ltd. (hereinafter referred to as the “C”) from January 2017 to July 2018, and have it installed in the “E” of D University, and have it used for various performances performed at the same place.

Around August 1, 2014, the Defendant became a director of the sound business division of the victim from January 2016 to July 31, 2018, who is in charge of the duties of leasing equipment and collecting rent for the victim to C as the director of the sound business division of the victim, and performed the duties of faithfully collecting money for the victim and did not pursue his private interest against the interest of the victim.

그럼에도 피고인은 위와 같은 업무상 임무에 반하여 연인 관계에 있던 F의 명의로 ㈜G(이하 ‘G’라고 한다)을 설립한 후, C로부터 F 명의 계좌 또는 G 명의 계좌로 임대료를 지급받아 그 중 일부만을 피해자에게 임대료 명목으로 입금하는 방법으로 피해자의 임대료 수입을 중간에서 가로챌 것을 마음먹었다.

Accordingly, the Defendant stated that C’s representative H “the same transaction as the existing one, and will be G only for settlement.” The Defendant deposited C’s equipment rent of KRW 4,931,70 with F’s account on January 19, 2017, and around that time, spent F’s card payment, etc., as well as received KRW 167,401,70 from F to July 30, 2018, the Defendant paid KRW 125,593,200 among them to the victim, and deposited KRW 41,808,50 from F’s account, etc., or used the Defendant’s personal expenses and personal expenses for repayment, etc. after being transferred from F to the Defendant’s account.

Accordingly, the defendant has acquired or had a third party acquire property benefits equivalent to 41,808,500 won in violation of occupational duties.

Defendant

. The counsel;