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(영문) 서울중앙지방법원 2016.10.26 2015고정4769

업무상횡령

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

From July 1, 200 to January 2015, the Defendant worked as the head of the Seoul Gangnam-gu Seoul Office of Management of Buildings, and was in charge of the collection and disbursement of management expenses, etc. of the said office of management of buildings.

From January 1, 2010 to December 31, 2010, the Defendant embezzled KRW 17,249,984, including embezzlement of KRW 17,249,984, as stated in the attached Table of Crimes, when the occupants received management expenses paid by them in cash or in cash from the management office of the above building to the personal account of the Defendant. Although the management office should immediately transfer them to the head of the Tong of the management office management expenses or settle them up to December 31, 2010, at least by December 31, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A complaint;

1. Analysis of electricity and water rates in 2014;

1. The details of a stamp of cash receipt;

1. Details of payment in cash of management expenses;

1. A management account list, details of the payment of management expenses not paid, details of the payment of management expenses not paid, and details of deposit money in A management account;

1. Application of Acts and subordinate statutes, such as the comprehensive account books, revenue management expenses books, public imposts, A personal account books, management account books, revenue details of management expenses, cash receipts and disbursements, etc.

1. Relevant Articles 356 and 355 (1) of the Criminal Act and the choice of fines for the crimes;

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

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

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