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(영문) 수원지방법원 성남지원 2014.03.21 2014고정24

업무상횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From November 2008 to March 2013, 2013, the Defendant is the manager of the Doudio Buildings D in the Gun, Si, Gun, and Si, Gun, which is owned by the victim C, and has been engaged in the business of collecting the deposit money and monthly rent from the revenue of the building and making the deposit to

The Defendant, at around July 30, 2012, deposited KRW 2 million from E, a tenant of KRW 302,00,000, and deposited KRW 400,000,000,000,000 for the monthly income of August, and had been kept in custody for business purposes, and had been arbitrarily consumed by living expenses, etc. around that time. From that time to March 11, 2013, the list of annexed crimes: Provided, That the name of the tenant E No. 5 each year is deemed to be the clerical error of F, and thus, he is F.

The monthly rent and deposit amount of KRW 1,244,00,000 from the five tenants, such as the entry, were arbitrarily consumed and embezzled.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

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