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(영문) 울산지방법원 2015.04.02 2014고정2071

업무상횡령

Text

Defendant

A and B shall be punished by a fine of KRW 1,000,000, and Defendant C shall be punished by a fine of KRW 500,000.

The defendants are the defendants.

Reasons

Punishment of the crime

Defendant

A is the same representative of the F apartment 4th council of occupants' representatives, the victim in Yangsan-si E from September 201 to September 2013. Defendant B has been the chairperson of the same council of occupants' representatives for the same period. Defendant C has been engaged in the fund and operation of the said council of occupants' representatives for the same period.

Defendant

A around September 2012, around 2012, when the council of occupants' representatives had been faced with drinking water to other members, G and Si expenses, and received a summary order of a fine of KRW 3 million by causing injury to them, A requested Defendant B and Defendant C to pay the fine in the operating expenses of the council of occupants' representatives.

On May 20, 2013, the Defendants prepared a resolution that the F apartment unit council room in Yangsan-si will disburse three million won of the operating expenses of the Defendant A out of the operating expenses without undergoing a normal procedure and meeting for exclusive use of operating expenses, and used them at will by paying three million won from the operating expenses of the victim to the fine of the Defendant A. < Amended by Act No. 11879, May 21, 2013>

Accordingly, the Defendants, in collusion, embezzled the goods kept by the victim for the purpose unrelated to the purpose of the delegation.

Summary of Evidence

1. Each of the Defendants’ respective legal statements (the purport that the Defendants do not dispute the facts recorded in the facts of the crime)

1. The police statement of H;

1. Evidential materials (receipts as a result of a provisional payment penalty);

1. Evidential materials;

1. Documentary evidence;

1. Application of Acts and subordinate statutes to the evidential materials;

1. Article 356 of the Criminal Act and Articles 356, 355 (1) and 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and fines;

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

1. The defendant and his/her defense counsel regarding the assertion of the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act shall undergo oral resolution by the council of occupants' representatives.