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(영문) 부산지방법원 2014.06.26 2013고정5978

업무상횡령등

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From September 20, 2012 to January 31, 2013, the Defendant was a person who was the general secretary of the Council for Representatives of Residents of Busan Young-gu, Busan Metropolitan City.

1. Occupational embezzlement;

A. On December 31, 2012, the Defendant arbitrarily released KRW 1.5 million and KRW 2,555,000,000 through twice during the period during which he/she was in office as a general manager of apartment house C in the Busan City bank located in the Busan Seo-dong, Busan Metropolitan City, and embezzled it for personal purposes at any time around that time.

B. On January 24, 2013, around 16:24, the Defendant arbitrarily withdrawn KRW 1 million from the passbook at the Busan Bank located in the Busan Metropolitan City Seo-dong, Busan Metropolitan City, the representative of the occupants of the above apartment, and embezzled by using it for personal purposes around that time.

2. At around 05:00 on February 2, 2013, the Defendant: (a) committed theft with money withdrawal and payment, deposit and withdrawal account books, apartment minutes, etc., owned by the victim and kept there at the same time, who was dismissed from D, the president of the representative meeting of the occupants of the above apartment; and (b) committed theft in the second floor management office of the above apartment.

Summary of Evidence

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to the complaint (including attached materials);

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Article 329 of the Criminal Act and the selection of fines for negligence;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is as follows: (a) around 05:00 on February 2, 2013, the Defendant is dissatisfied with the dismissal from D, the president of the council of occupants of the victim C Apartment-gu, Busan Metropolitan City (the president of the council of occupants of the victim C Apartment-gu), and was kept there at the same time. The Defendant’s money withdrawal and payment, deposit and withdrawal account book, apartment minutes, etc. owned by the above occupant’s representative council.