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(영문) 서울동부지방법원 2013.06.28 2012고정1480

업무상횡령

Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From March 18, 2010 to March 8, 2011, the Defendant, as the Seocho-gu Office of Management of Dtel B, was in charge of the collection, storage, and disbursement of management expenses of the above Btel.

1. On October 28, 2010, the Defendant embezzled KRW 11,359,050 in total four times as shown in the attached Table 1 of the crime list, including: (a) while keeping KRW 936,350,00 in the new bank account (Account Number: E) for the victim’s instant officetel B Dong Steering Committee, the Defendant embezzled KRW 11,359,050 in total for four times as shown in the attached Table 1 of the crime list.

A prosecutor was indicted as embezzlement of KRW 20,490,000 for the first six occasions, but excluded items in the facts charged, reflecting the Defendant’s assertion, or the date of withdrawal from the said new bank account and the date of deposit from the said new bank account in the name of F. On October 28, 2010, the prosecutor changed the facts charged on the premise that the amount deposited by the Defendant in the name of F includes KRW 1,813,650 for the money deposited in the name of F. On January 31, 201, the Defendant deducted the said money from the charges on the premise that the amount deposited in the name of F.

2. On July 2010, the Defendant received KRW 658,640 from the occupant of the officetel B104, and received management expenses in cash, and embezzled KRW 3,336,380 in total over 15 times from around that time to October 2010, instead of deposit in the passbook of management expenses in the occupational custody for the said victim, and embezzled KRW 3,336,380, as shown in the separate sheet 2.

This part of the prosecutor was charged with embezzlement of 3,553,620 won in the original 16 times, but the defendant excluded items in the charge that lack of evidence to support the payment of cash management expenses, and changed part of the amount on the basis of evidence submitted by the defendant and the complainant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each of the defendants;