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(영문) 대구지방법원 서부지원 2017.07.14 2017고정231

업무상횡령

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From October 2015 to July 2016, the Defendant served as the management warden of Daegu-gun apartment building B from around October 2015, and has been engaged in the management of miscellaneous income, etc. owned by the representative council of apartment occupants.

In order to revitalize the above apartment community and promote the residents' autonomous activities, the Defendant voluntarily consumed the miscellaneous income owned by the representative meeting of the victim B apartment occupants, the purpose of which is specified, to be used, from the account in the name of the Defendant (CF) and to pay the meal expenses to the employees of the Defendant and the above apartment management office around November 30, 2015, by transferring the amount of 665,000 won from the above miscellaneous income management account to the miscellaneous income management account in order to pay the meal expenses to the employees of the Defendant and the above apartment management office.

As a result, the Defendant embezzled the amount of KRW 665,00 from among the miscellaneous income of apartment in custody for the representative meeting of the victim B apartment house occupants.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. B apartment management rules, and data on the working rules of the Daegu City/Do management rules;

1. Application of Acts and subordinate statutes on account transactions for miscellaneous income;

1. Article 356 of the Criminal Act and Article 355 (1) of the same Act concerning the facts constituting an offense (excluding punishment);

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (The amount of embezzlement has been returned, the motive and background of the crime, the amount of damage, etc.) of the suspended sentence;