beta
(영문) 대구지방법원 2018.04.06 2018고정187

업무상횡령

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From August 2008, the Defendant received the delegation from the victim D in Yongcheon-si Building to manage the above apartment units 103, 1926, 2024, and 2002, and has been engaged in the business of receiving part of the lease deposit and monthly rent from the revenue and delivering the remainder to the victim.

On May 10, 2010, the Defendant leased the above apartment Nos. 103 1926, 1926 to E and embezzled by consuming the leased deposit of KRW 10,000,00 for the sake of the victim in the course of business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Lease contract;

1. Application of the receipt statute

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;