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(영문) 전주지방법원 2017.06.23 2016고단505
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant entered a stock company B on January 25, 2013 and was managed by the said company from that time until August 31, 2015.

A person who works as the head of the management office in the Seocho-gu Seoul apartment in the Jeonjin-gu Seoul Metropolitan City and has collected management expenses, etc. from the residents of the above apartment from the victims and has been engaged in the storage and management affairs.

On July 3, 2015, the Defendant: (a) collected KRW 4 million for apartment management expenses from the Jeoncheon-gu, Songcheon-gu, Songcheon-gu, Jeoncheon-gu and kept in business for the occupants in the Agricultural Cooperative (number D); and (b) withdrawn the above money on the same day and consumed it for personal purposes, such as Internet gambling funds; and (c) thereafter, from that point of view, the Defendant collected KRW 4 million for apartment management expenses from the point of Songcheon-gu,

8. Until 28. By 28.0, a total of KRW 91 million was withdrawn and consumed in mind through the same method over a total of 28 times, such as those listed in the list of offenses in the attached sheet.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A written accusation;

1. A certificate of all matters to be registered and a list of ordinary deposit transactions;

1. Application of Acts and subordinate statutes to each investigation report (Attachment to the indictment related to gambling of the Internet during the period of the principal crime, confirmation of the place where the management expenses of the suspect is withdrawn, and attachment to the summary order related to the City/Do for the crime

1. Grounds for sentencing (with regard to the point of occupational embezzlement, inclusive of the point of occupational embezzlement) under Article 356 and Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. Reviewing the sentencing criteria [the scope of the recommended punishment] Type 1 (the amount of less than 100 million won) and basic area (the imprisonment of four months to one year and four months);

2. It appears that some damage has been recovered due to favorable circumstances in the decision of sentence, and there are no records of criminal punishment imposed by the defendant for the same kind of crime;

Because of unfavorable circumstances, the liability for embezzlement of apartment management expenses that the defendant was in his/her office and used for the Internet gambling is not easy, and the amount of embezzlement is a large amount, and considerable damage is still.

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