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(영문) 서울남부지방법원 2014.07.24 2014고단2109

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, under the trade name of “B,” has been engaged in the collection and disbursement of management expenses for the management of the building of 3 underground and 7th above ground in Gangseo-gu Seoul Metropolitan Government.

Around June 2008, the Defendant received management expenses from the owners of the above D building classifications, such as victims E, F, G, H, I, and J, and voluntarily consumed them for personal purposes by withdrawing KRW 1,00,000 from the above D building offices around July 2, 2008, when the Defendant was in the business custody for victims.

In addition, the Defendant, from around that time to December 30, 201, embezzled total of KRW 101,307,500 by the same method 64 times in total as indicated in the annexed crime sight table.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the part concerning the statement);

1. Each police statement concerning L;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 356 and Article 355 (1) of the Criminal Act applicable to the crimes. Article 355 of the same Act (Selection of Imprisonment);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the confession of a criminal act and the misunderstanding is in depth, except for the punishment of a fine once due to a concurrent crime, the fact that there is no criminal record, the fact that the victim has agreed smoothly with the victim, and all other circumstances such as the motive and circumstances of the crime) or more.