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(영문) 울산지방법원 2016.01.13 2015고단2525

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the affairs of collecting cleaning expenses, etc. from members of the above street stores and paying expenses incurred in the operation of street stores at the top of the road in front of the Hansan-dong, the name "C Mayor (Demand)", the name "D Mayor", and the name "E Mayor" on the front of the road in front of the Hansan-gu, Ulsan-gu, Ulsan-gu, Incheon-gu, the name "E Mayor (Le-gu)" in three locations of "One name on the roads in front of the Hansan-gu, Ulsan-gu, Ulsan-gu, Incheon-gu, the president of the Nowon branch's Association", and is a person who is engaged in the affairs of collecting cleaning expenses, etc. from members of the above street stores and paying expenses incurred in the operation of street stores.

On September 1, 2010, the Defendant used 660,000 won in aggregate from the victim F and 29 persons to walk 660,000 won in water and toilet usage fees, etc., and embezzled 270,000 won in remaining money in the occupational storage for the victims, using them as living expenses, etc. in Ulsan at the time of the occupational storage, and embezzled them in the same way among the victims from September 1, 2010 to September 2015, as described in the list of crimes, such as the contents of the list of crimes, as in the same manner, from around 174 times to around 2015.

【Defense Counsel asserts to the effect that the facts charged are not specified, such as the amount of damage by victim not specified.

Since the defendant collected money from merchants each day through the so-called general affairs and used the remaining money in lump sum from the general affairs and disbursed as cleaning expenses, etc., it is impossible to distinguish the money collected by the defendant from the cleaning expenses, etc. and the money voluntarily consumed by the defendant for each victim. There are no circumstances, such as that the applicable laws vary depending on the total sum of damages by each victim, and the scope of the victim is limited to the merchants participating in each day by the market. Thus, the above facts charged are not only inevitable, but also the money is subject to adjudication and the defendant.