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(영문) 서울동부지방법원 2012.07.13 2012고정1001

업무상횡령

Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From August 25, 2011 to November 8, 2011, the Defendant served as the president of the Gangdong-gu Seoul Metropolitan Government apartment (hereinafter “instant apartment”) and took overall charge of the management affairs and the execution of management expenses for the occupants of the instant apartment instead of the head of the management office who served as an official seat.

From around September 30, 201, the Defendant used KRW 2,00,000 in cash from the Korean bank account (Account Number: D) and Japanese bank account (Account Number: E) around October 4, 201; deposited KRW 2,00,000 in cash from the Korean bank account; withdrawn KRW 2,00,000 in cash from the same account around October 11, 201; withdrawn KRW 2,000,000 in cash from the Japanese bank account around October 12, 201; removed KRW 2,200,000,000 in cash from the Japanese apartment resident’s account; and removed KRW 60,00,000 in total from KRW 8,20,000,000 in cash from the instant apartment resident’s account; and paid KRW 10,000,000 in aggregate for the purpose of using 30,000,010,000,000 won in cash;

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. Part concerning the statement of F and H in the second police interrogation protocol against the defendant

1. Statement of Police Statements with F and H 1.