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(영문) 대전지방법원 천안지원 2012.11.20 2012고단867
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 15, 2010, the Defendant was elected as the chairman of the council of occupants' representatives of Asan-si apartment, and performed the duties of the chairman until he is dismissed on February 14, 2012. The Defendant was in charge of managing the bank account and opening and withdrawing the account of the long-term repair appropriations and other cash accounts of the above representative council, which are victims of deposits.

On August 19, 2010, the Defendant withdrawn KRW 13,000,00 from the victim’s corporate bank account in the name of the victim with the long-term repair appropriations deposited for the purpose of business for the victim, and used them for personal purposes, such as the internal construction cost in Seo-gu, Seo-gu, Seocheon-gu, Incheon, where the Defendant operated.

In addition, from around that time to September 23, 201, the Defendant consumed the total of KRW 84,590,000 in the same way five times from Chungcheongnam-gu, Chungcheongnam-si, Busan-si, to five times, such as the list of crimes in the attached Table.

Accordingly, the defendant embezzled the property in the course of business for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. A complaint;

1. Management rules of collective housing;

1. Application of the transaction specification list by account, each list of ordinary deposits, each list of transactions, each list of transactions by self-reliance deposits, and each duplicate of the passbook shall be applicable;

1. Relevant provisions of the Criminal Act and reasons for sentencing under Articles 356 and 355 (1) of the Criminal Act for the choice of criminal facts;

1. The scope of applicable sentences: Imprisonment for one month to ten years;

1. Determination of types: Type 1 (the amount of embezzlement is less than 100 million won);

1. Persons under special circumstances: When mass victims have occurred;

1. Scope of recommendation: Ten months to two years and six months of imprisonment in the area of aggravation of type 1;

1. Suspension of execution: Irregular causes - Major negative causes: Unagreements and the amount of damages as much as the amount of damage is considerably high - General negative causes: Occurrence of mass victims and lack of efforts to recover from damage;

1. Determination of sentence: One year of imprisonment - The circumstances mentioned above and the motive and circumstances leading to the commission of the crime, and the penance and rebuttal.

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