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(영문) 서울북부지방법원 2017.06.01 2017고정721
업무상횡령
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From January 1, 2016 to December 31, 2016, the Defendant, as the president of the Dobong-gu Seoul Metropolitan Council, was in charge of the receipt and disbursement of commercial building management expenses, and overall management supervision of commercial buildings.

Defendant: (a) Around August 3, 2016, when he received deposits from each of the shop visitors in the form of a passbook in the manner of withdrawing a certain amount under the name of management expenses from each of the shop visitors each month based on the above duties, and (b) on August 3, 2016, he/she filed a complaint against the Defendant under the charge of assault, and (c) embezzled the money in the manner of arbitrarily withdrawing KRW 3 million out of the money kept as above and using it at the attorney’s expense.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Written complaint of D, F, and E;

1. Application of Acts and subordinate statutes to the attorney fees receipt and case delegation contract paid by the defendant to law firm G, and the details of KRW 3 million paid from the account of the association account in B apartment commercial buildings;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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