업무상횡령
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant has been engaged in the collection and management of apartment management expenses, etc. from February 1, 2008 to December 31, 2014 as the Bupyeong-gu Seoul apartment management office.
On January 11, 201, the Defendant withdrawn KRW 9 million out of the apartment management expenses paid by the residents of the above apartment to the above new cooperative account, and deposited only KRW 6 million out of the total apartment management expenses paid by the residents of the above apartment into the account of the above apartment management expenses under the name of the above apartment that was automatically transferred to another apartment management expenses, and used KRW 3 million for the purpose of personal debt repayment and living expenses of the Defendant around that time.
In addition to the above crimes, the Defendant embezzled total of KRW 7,435,000,00,000, which was kept in business for the victim on 49 occasions from around that time to December 30, 2013, using the Defendant’s personal debt repayment and living expenses, etc. for the purpose of using the Defendant’s personal liability and living expenses.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes governing the entry and withdrawal of a complaint, assistant vice-president, president of the total account, president of the women's association, details of e-mail, mail, resignation, copy of passbook, details of transactions in the credit cooperative account, and details of transactions in the
1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Where the scope of the recommended sentence on the sentencing guidelines [the scope of the recommended sentence] category 1 (100 million won) is mitigated (1 to 10 months) (10 months), the area of mitigation (1 to 10 months), the area of punishment is not subject to special mitigation,
2. In light of the favorable circumstances, the fact that the Defendant recognized the instant offense, the primary offender, and the fact that a significant portion of the amount of damage has been repaid is disadvantageous to the Defendant’s embezzlement, the frequency, duration, and amount of the embezzlement.