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(영문) 인천지방법원 부천지원 2018.03.29 2017고단3089

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From February 17, 2010 to March 9, 2015, the Defendant, as the representative of the Co., Ltd. B, from around February 17, 2010 to around March 9, 2015, has been engaged in the execution and management of the above apartment by entering into a collective housing management contract with the victims’ “D apartment” occupants’ representative meeting located in Seongbuk-gu Seoul Metropolitan Government and the above collective housing management contract.

The management expenses collected by the defendant from the victims D apartment occupants shall be used for the service expenses, public charges, facility management expenses, etc. of the relevant apartment.

Nevertheless, the Defendant arbitrarily disbursed 197,160,000 won in total by the same method 36 times from May 16, 2016, as shown in the list of crimes in the attached Table, while the Defendant was in the custody of 7,00,000 won for management expenses paid by 80 households occupying the above victim in Seoul Special Metropolitan City, on August 12, 2013.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Investigation report (verification of the list of corrected crimes committed by the complainant) and list of crimes committed (suspect B corporation);

1. Application of statutes to a copy of a contract for the management of common houses, a copy of a passbook of a national bank on apartment houses, and a copy of a passbook of a DNA apartment bank;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of criminal facts; the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] Article 62(1) of the Criminal Act [the grounds for sentencing] type 2 (not less than 100 million won but less than 500 million won) [the period from March to 2] Special Mitigation Area (the special mitigated person] in the event the risk of causing damage is not significantly realized, or the penalty is not imposed.