(영문) 서울중앙지방법원 2012.12.14 2012고합576

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(영문) 서울중앙지방법원 2012.12.14 2012고합576

특정경제범죄가중처벌등에관한법률위반(횡령)등

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A defendant shall be punished by imprisonment for four years.

The defendant pays 1,284,830,508 won to an applicant for compensation.

This order shall be issued.

Reasons

Criminal facts

Since June 2002, the Defendant has been working as the director in charge of the business management division of Jongno-gu Seoul Jongno Business Co., Ltd., and has been engaged in the business management of commercial buildings such as the receipt and return of deposit money for the lease of commercial buildings in G market.

1. On November 9, 201, the Defendant embezzled the increased portion of lease deposit due to the change of the name, and used the lessee at H-1-1003 office of the business management division of the Co., Ltd. for personal purposes, such as personal debt, while obtaining an amount of KRW 4.4 million from I for the said company, while the Defendant used the increased portion of lease deposit for personal purposes.

In addition, from July 23, 2009 to March 2012, the Defendant embezzled KRW 1,000,000 from July 23, 2009 to March 1, 201, by arbitrarily consuming 1,000,000 through the aforementioned method as shown in attached Table 1.

2. Around January 16, 2012, the Defendant embezzled the increased portion of lease deposit due to a lease renewal contract, and entered into a re-contract with the lessee J pursuant to Article 2-B-284-1 at the same place as Paragraph (1) of the same Article, while receiving KRW 1.5 million from J for the said company, he/she used the increased portion of lease deposit for personal purposes, such as personal debt repayment, etc.

In addition, the Defendant arbitrarily consumed and embezzled KRW 22.8 million from January 16, 2012 to February 8, 2012 by the following methods five times, as shown in attached Table 2.

3. Around July 21, 2011, the Defendant embezzled for the refund of the lease deposit at the same place as Paragraph 1, and the lessee C-5-509 lessee’s termination of the lease agreement, the Defendant spent the lease deposit to K for personal purposes, such as repayment of personal debts, while receiving KRW 16.4 million from the account receipt and disbursement of the said company, while keeping the lease deposit for the said company for business purposes.

In addition, the Defendant is attached from July 21, 201 to January 20, 2012.

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