beta
(영문) 부산지방법원 2018.06.19 2017고정882

업무상횡령

Text

Defendants shall be punished by a fine of KRW 300,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A as the chairperson of the Steering Committee for the victims E in Busan-gu, Busan-do, a person in charge of the execution of management by receiving management expenses from 75 households of E resident, and the defendant B is a person who assist the work of the defendant as a general manager of the victim.

1. The Defendants engaged in occupational embezzlement of KRW 50,000, when they kept the management expenses owned by the victim in the Busan Bank account in the name of F. On April 12, 2016, the Defendants embezzled management expenses of KRW 50,000 for arbitrarily consumed them as the compensation expenses for traffic accident damage of Defendant A.

2. On June 10, 201, the Defendants embezzled KRW 573,000 occupational embezzlement: (a) while having kept the management expenses owned by the victim in the Busan Bank account in the F’s name, the Defendants conspired on June 10, 2016, and arbitrarily withdrawn management expenses of KRW 573,000 in cash and embezzled them.

Summary of Evidence

1. Legal statement of witness G;

1. Statement made by the police with H;

1. Application of statutes on the details of agency fees for fire-fighting safety inspection on June 10, 2016 to the FF Busan Bank Account (No. 3 and 4 No. 1335 of evidence list), and to the F Bank Account

1. The Defendants: Articles 356, 355 (1) and 30 of the Criminal Act; and Articles 356, 355 (Selection of Penalty) of the said Act;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act