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(영문) 인천지방법원 2014.06.26 2014고정46

횡령등

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,700,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A and Defendant B’s joint crime committed with intent to install microphones in the reception room of the management office in order to listen to conversations between Defendant A and other occupants’ representatives, which are the head of the D apartment management office, and Defendant B asked Defendant B to install marmera and microphones without employees of the management office.

Accordingly, Defendant B entered the Bupyeong-gu Incheon apartment management office around November 2009, into another management office in order to install Mameras and microphones in the Yancheon-gu Yancheon-gu, Incheon.

As a result, the Defendants conspired to intrude into another person's structure.

2. On October 13, 2009, the Defendant committed the crime of Defendant A, while receiving 50,000 won as the down payment from the representative G of “F” in the above apartment building as the down payment to “Y market”, and embezzled it for personal purposes.

Summary of Evidence

1. Defendant A’s statement and entry in the second protocol of trial (for embezzlement, embezzlement);

1. Defendant B’s legal statement

1. Each legal statement of witness B and E;

1. Application of Acts and subordinate statutes on voice recording files CDs;

1. Defendant A who has the relevant provision of criminal facts and the choice of punishment: Articles 355 (1) and 319 (1) of the Criminal Act; Defendant B who has the option of a fine: Article 319 (1) of the Criminal Act; and Article 319 (1)

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act