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(영문) 부산지방법원 2014.06.27 2013고정4902
업무상횡령
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A from October 2006 to October 2010, from October 201, 2006, had been engaged in the management and execution of the above apartment recycling fund while the defendant B was a woman association of the above apartment complex for the same period.

The defendants have kept in the Busan Bank account in the name of women's association for apartment residents the proceeds from the sale of recycled products collected by apartment residents to the collecting company and the recycling fund such as incentives related to the above recycled products paid from the Gu office.

On December 6, 2006, the Defendants conspired with each other to impose a total of 1,400,000 won on each of 1,40,000 won on the part of F, G, and H’s reputation as a member of the committee for emergency countermeasures against apartment buildings, due to the injury of H, which was the president of the resident representative, and embezzled a total of 2,90,000 won by paying a fine in lieu of a fine imposed on F, G, I, andJ over three occasions from that point of time to July 10, 207, such as voluntarily withdrawing 1,40,000 won out of the above recycled fund under the occupational custody and paying in lieu of the said fine imposed on F, G, I, and J.

Summary of Evidence

1. Legal statement of K witness K;

1. Statement made by a witness in the third protocol of trial;

1. Each prosecutor's interrogation protocol against the Defendants

1. Each prosecutor's protocol of statement concerning L, K, and I;

1. Application of each Act or subordinate statute to the ledger of use, such as the receipt account of gains from recycling, the statement of income from recycling, the statement of account receipt of incentives, and incentives;

1. Relevant Articles 356, 355(1), and 30 of the Criminal Act and the Defendants’ choice of punishment for the crime: Articles 356, 355(1), and 30 of the Criminal Act

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendants to be suspended from sentence: 1,000,000 won by fine; and

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act (50,000 won per day);

1. The Defendants of suspended sentence: criminal punishment of the Defendants under Article 59(1) of the Criminal Act.

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