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(영문) 대구지방법원 안동지원 2018.10.30 2018고단496

업무상횡령

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From September 1, 2015, the Defendant served as a management warden of the apartment building B in Ansan-si from around September 1, 2015, and was in charge of the maintenance and repair of the apartment facility and the disbursement management of the management expenses, etc. deposited by the residents.

On April 11, 2017, the Defendant received monthly payment from the residents of the foregoing apartment B under the name of “long-term Repair Reserve” from the residents of the foregoing apartment B, and used 15,000,000 won to F in order to pay the Defendant’s personal debt, while the Defendant deposited and kept in the account in the name of the 163 household residents of the foregoing apartment B apartment in the name of the 163 household residents of the foregoing apartment.

In addition, from that to June 24, 2018, the Defendant arbitrarily consumed and embezzled KRW 212,113,508 of the “long-term Repair Reserve”, which was kept in two accounts in total over 157 times, as indicated in the list of crimes in the attached Table, for personal purposes, such as the Defendant’s investment in stocks, sports Saturdays and the payment of child support.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to accusation, resume, detailed statement of transactions in each account, and investigation reports;

1. Grounds for sentencing under Articles 356 and 355 (1) (generally, the choice of imprisonment) of the Criminal Act concerning the facts constituting an offense;

1. Scope of a recommended sentence on the sentencing guidelines: Two to five years [the scope of the recommended sentence] of imprisonment for a period of two years (one hundred million to five hundred million won) [the period of two to five years] of the aggravated area (two to five years] [the special aggravated person] of mass victims (including workers, shareholders, creditors, etc.], or where a serious damage is caused to the victim, the scope of the sentence compared with the sentencing guidelines: two years to five years;

2. The Defendant, while working as the apartment management warden, has continuously embezzled public funds in his/her custody for a long time, and the amount of damage is very large.

The official funds entrusted by many residents shall be used at will.