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(영문) 부산지방법원 2018.06.15 2017고단6029
횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On October 16, 2014, the Defendant was sentenced to a three-year suspended sentence in two-year imprisonment for occupational embezzlement and fraud, and the judgment became final and conclusive on July 1, 2015.

On April 21, 2011, the Defendant, as the representative of H (hereinafter “H”) a private party to the implementation of Ulsan-gu G apartment complex (hereinafter “instant apartment complex”), opened a steering account (number I; hereinafter “I account”) in the name of the Defendant, and managed the instant apartment complex by receiving the management fee for each household and the long-term repair allowance from the I account until the representative meeting of the occupants of the instant apartment complex is organized. On August 201, the instant apartment complex was organized by the resident representative meeting of the apartment complex of this case, the Defendant transferred the right to manage the I account, including the head of Tong-gu Card, to J, a general secretary of the resident representative meeting of the apartment complex of this case.

On July 9, 2014, the Defendant still confirmed that the representative body of the occupants of the instant apartment complex still received and kept the balance of the management expenses of the instant apartment complex in the name of the Defendant, and the long-term repair appropriation funds in the name of the Defendant, using the fact that the name of the I account is not changed, and used to use the remainder of the management expenses and the long-term repair appropriation funds owned by the representative body of the occupants of the instant apartment complex complex to arbitrarily consume them for personal purposes, and received a re-issuance of the Cze Card by changing the password number connected to the I account.

On July 10, 2014, the Defendant withdrawn KRW 2,00,700 from the I account in Busan (hereinafter referred to as the “unclaimed area”) and consumed it for personal purposes, such as repayment of the existing obligation, etc., from that time to July 26, 2014 [Attachment] withdrawn KRW 23,815,000 on a total of nine occasions during 17 days, such as the list of crimes, and voluntarily consumed it for personal purposes, such as repayment of the existing obligation, attorney fee, etc.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. The defendant's person;

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