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(영문) 인천지방법원 2017.02.07 2016고정3627

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 July 2005 to May 31, 2016, the Defendant is a person who has been in general control over apartment management affairs, such as fund disbursement, while working as the Incheon Southern-gu apartment management warden from July 2005 to May 31, 2016.

On May 26, 2010, the Defendant deposited a long-term repair allowance received for the purpose of long-term repair of apartment among the management expenses that 98 household residents pay every month at the office of the management office of apartment B, and withdrawn KRW 10 million from the Saemaul Treasury in the name of B, which was kept for the purpose of business for the damaged apartment residents, and embezzled it for personal purposes by voluntarily consuming it for the purpose of personal use.

In addition to the embezzlement, from January 27, 2016, Defendant withdrawn KRW 52,100,000 over 11 times from that time until January 27, 2016, and embezzled it by arbitrarily consuming it for personal purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on certificates of details by account of member trading;

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;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;