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(영문) 수원지방법원 2021.03.26 2020고단3480

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From April 16, 201 to May 20, 2015, the Defendant collected management fees from the residents of the “Btel in Suwon-si, Suwon-si, as the chairperson of the tenant’s representative meeting, from the residents of the said officetel to the C Bank account (D and E) in the name of the representative of the occupants of Btel, and took charge of all the affairs concerning the disbursement of collected management expenses.

Around October 2011, the Defendant: (a) changed the instant officetel’s consignment management entity from the existing “F to the “G”; (b) instead of collecting management expenses from C Bank accounts in the name of the said Btel occupant’s representative account, which was used by the “F; and (c) voluntarily embezzled KRW 16,180,000,000 in total on six occasions from that time to February 12, 2016, when the management expenses remaining in the said C Bank account were kept for business purposes for the residents; and (d) withdrawn KRW 8,70,000 from C Bank’s account (D) on April 8, 2014 and arbitrarily consumed them from that time, as indicated in the attached list of crimes, from that time to February 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness H and the witness I's partial statement;

1. Application of Acts and subordinate statutes of the Suwon District Court Decision (2019 group 512726 group 519 group 2010 group 2010 group 2019 group 2019 group 2026 group 2019 group 2010 group 201 group 2

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Since one consignment relationship is recognized between the aggravated concurrent crime and the tenant representative meeting (B) of the instant “Btel” resident representative meeting (B) of the instant case, the embezzlement of management expenses paid by the officetel resident to the resident representative meeting constitutes a single occupational embezzlement.

However, the embezzlement act Nos. 1 to 3 of the crime list and the embezzlement act No. 4 to 6 of the crime list is all at the time of each crime, including the time when the crime was committed (if there is a time interval of one year and seven months between them), the specific form of the act, and the circumstances of the crime.