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(영문) 창원지방법원 마산지원 2019.05.28 2018고단1218

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant, as the representative of the occupants of the Changwon-si, Changwon-si, Changwon-si, from March 2015 to April 2016, has been engaged in the management of the defect bond, management expenses, etc. for 24 households of the aforementioned lending residents, such as the victim C, etc.

1. On July 3, 2015, the Defendant: (a) received transfer of KRW 20,125,274 from E to the Gyeongnam Bank account in the name of the Defendant living together with the Defendant under the name of the deposit money for repair of loan from E in the Defendant’s residence; and (b) thereafter, deposited the said money in cash from August 28, 2015 until August 28, 2015; and (c) embezzled KRW 13,39,274 out of that money for personal use, such as living expenses, and embezzled the victims’ property that he/she kept for business purposes.

2. On November 9, 2015, the Defendant: “Around November 9, 2015, the Defendant used the said passbook to withdraw KRW 2.5 million and arbitrarily consumed the said passbook for personal purposes, such as living expenses, at the above Defendant’s residence, by saying, “A wife who is required to pay the balance rapidly by purchasing the vehicle at home,” and putting the passbook in Seoul. In the management expenses, the Defendant: (a) was issued a passbook of Gyeongnam Bank connected to the said account from G to the management expenses; and (b) was given a receipt of the passbook of Gyeongnam Bank that was connected to the said account from G; and (c) was voluntarily consumed for management expenses by using the said passbook at a 10,000

Accordingly, the defendant embezzled the property of the victims who were in custody in collusion with G.

3. On October 15, 2015, the Defendant: (a) received KRW 600,000,000 from G, which was withdrawn from the management expenses account; (b) arbitrarily consumed for personal purposes, such as living expenses; and (c) embezzled the victims’ property at will at around that time.

Summary of Evidence

1. The defendant's legal statement 1.