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(영문) 대구지방법원 2014.12.19 2014고정478

업무상횡령

Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From Apr. 2007 to Aug. 20, 2013, the Defendant served as the accounting of the office of managing the apartment complex in Gyeonggi-do, and received and stored management expenses from the occupants of the apartment, and was engaged in the business of depositing them into the agricultural bank account in the name of the management office.

On February 23, 2012, the Defendant received management fees of KRW 97,200 from the occupant of the above C Apartment 105, 2009, the victim, in cash, and deposited KRW 93,090 as management expenses, and used the remainder of KRW 4,110 for personal purposes around that time while the Defendant was in custody for business purposes.

In addition, the Defendant embezzled the victims’ property by arbitrarily consuming the total sum of KRW 12,503,600 of the management expenses paid in cash from the victims who are apartment occupants over 36 times in total, as shown in the attached list of crimes, from the above date to August 16, 2013.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Each police statement of E;

1. Each deposit sheet;

1. Application of the Acts and subordinate statutes of a list of ordinary deposits;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;