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(영문) 광주지방법원 2016.04.06 2015고단5071

업무상횡령

Text

The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, from March 31, 2003 to November 10, 2015, was engaged in accounting and accounting at the victim D apartment management office located in Gwangjubuk-gu, Gwangjubuk-gu.

On July 11, 2013, the Defendant, at the management office of the above apartment, deposited management expenses paid by the residents of the above apartment in the account of the victim’s name with the account of the said apartment, withdrawn at will KRW 12 million from the 315-gil-dong branch of Gwangju Seodong, Gwangju, the amount of KRW 315,00,000 from July 11, 2013 to May 21, 2015, and then withdrawn KRW 45,000,000 from July 11, 2013 to May 21, 2015 as indicated in the list of crimes.

Accordingly, the defendant, who has kept the property of the victim in the course of business, embezzled the property.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes concerning the details of the entry into and withdrawal from agricultural management funds;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act (in combination, the point of occupational embezzlement) and the selection of imprisonment with prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment on the sentencing guidelines: From October to two years and six months (the type of decision]: Type 1 (a decision below KRW 100 million) (a decision in the sphere of recommendation) (a decision in the sphere of recommendation) is subject to the special sentencing on the act of aggravation (a decision in the sphere of recommendation where the method of crime is extremely poor);

2. Determination of sentence: The sentence shall be determined as ordered in consideration of all the conditions of sentencing specified in the pleadings of the instant case, such as the defendant's age, sex, environment, circumstances, and circumstances after the commission of the crime, under the conditions specified in ten months (two years after the suspension of execution) and others.

Unfavorable circumstances: Embezzlement the long-term management expenses by reflecting the trust of the apartment management office and the occupants who have served for a long time, and attach the seal of the head of the apartment management office and the resident representative in advance on the withdrawal slip, and others favorable to the fact that the method of crime is poor: To prepare basic living expenses.