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(영문) 창원지방법원 2016.01.13 2015고정1198

업무상횡령

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From February 6, 2015, the Defendant, as the chairman of the Steering Committee of the window B of Changwon-si, was in charge of the general affairs of the commercial building, and around January 13, 2015, the suspension of the execution of duties was suspended on June 16, 2015 by the decision of the disposition, due to the relationship that did not comply with the management regulations of the commercial building at the time of election of the chairman.

On March 13, 2015, the Defendant withdrawn KRW 3,300,00 from the above shopping district C to the management office for the braille containing the complainants including the general management expenses and miscellaneous income, and disbursed them as litigation expenses such as the appointment of counsel for the case of application for provisional disposition of execution of duties, which is one of his own personal tools, and embezzled them (i.e., the following circumstances acknowledged by evidence, which can be acknowledged by the evidence, the case of application for the suspension of duties is not brought out by the Defendant, but was brought on the ground that there was an illegal act in the election process in which the Defendant was elected as the chairman of the commercial operation committee, and the obligee of the above provisional disposition requested for the suspension of duties of the Defendant, other than the application for the suspension of duties, and the court did not have any significant obstacle to the performance of duties of the above organization by separately determining the person performing the duties of the Defendant. In full view of the following circumstances, the Defendant withdrawn the act of consumption and consumption of this case in accordance with due process of the Commercial operation Committee.

Even if this constitutes occupational embezzlement, the defendant and his/her defense counsel's assertion, such as there was no intention to obtain unlawful intent, is without merit).

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of materials submitted by a complainant);

1. Criminal facts;