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(영문) 서울남부지방법원 2014.06.24 2014고단801

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From January 7, 2003 to April 30, 2013, the Defendant has been engaged in the business of managing the 4th floor building located in Yeongdeungpo-gu Seoul Metropolitan Government D, Yeongdeungpo-gu, and has been engaged in the business of collecting rental deposits and monthly rent.

On September 20, 2007, the Defendant received KRW 40.5 million from the tenant E of the foregoing building No. 303, and used KRW 20 million for personal purposes, such as debt and repayment, around that time, while keeping for the victim.

In addition, the Defendant embezzled the sum of KRW 15,443,00 from July 2006 to April 2013 by using the same method 14 times in Seoul Yangcheon-gu, etc., as indicated in the separate list of crimes from around July 2006 to April 2013.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the substitute part);

1. Application of the police protocol law to C

1. The grounds for sentencing under Article 356 of the Act on the Punishment and Articles 355(1) of the Criminal Act [the scope of recommending punishment] [the scope of punishment] Type 2 (one to five hundred million won) [the decision of sentencing] [the defendant embezzled approximately KRW 154 million over a long-term period, and the defendant has claims equivalent to approximately KRW 44.65 million including management expenses, etc. against the victim. It appears that there are reasonable grounds for the assertion, and considering the fact that the defendant all of the crimes of this case is against his mistake while recognizing all of the crimes of this case.