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(영문) 서울북부지방법원 2013.09.05 2012고단1844
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From August 6, 2004 to February 28, 2011, the Defendant has been engaged in the accounting business that manages the purchase and withdrawal of apartment management expenses of the C Apartment Management Office, the victim in Dongjak-gu Seoul Metropolitan Government.

On February 7, 2005, the Defendant: (a) withdrawn 22 million won from the Han Bank account (D) in which the victim received management expenses from the occupants and managed the apartment management office; and (b) used them for personal purposes, such as paying living expenses and card payments, from the Defendant’s house located in Gangnam-gu Seoul Metropolitan Government E, around that time.

In addition, from around that time to December 26, 2008, the Defendant: (a) made a withdrawal from the Defendant’s house to the account of the head of another bank management fee account; and (b) omitted part of the amount in the process of depositing the management fee from the account of the head of another bank management fee; (c) made a deposit in the course of depositing the parking fee reserve into the account of another bank management fee; (d) made a withdrawal from the account of the Defendant’s personal account without the disbursement table; (e) making a withdrawal from the account of the bank account of the head of the bank without the disbursement slip; (e) making a withdrawal from the account of the Defendant’s money by entering only the disbursement table without the payment slip; and (e) making a withdrawal from the public charges; and (e) making a withdrawal from the money in the form of making a withdrawal from the money to the account; and (e) making the Defendant embezzled the Defendant’s property.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to a complaint, audit report, detailed statement of transactions in each passbook, the director of a subsidiary book, substitute slip, Samsung Card deposit account statement, detailed statement of transactions in passbook and evidentiary data;

1. Relevant Article 356 of the Criminal Act, Articles 356 of the Criminal Act, Article 355 (1) of the Criminal Act, and the choice of imprisonment;

1. The amount of damage caused by the sentencing of Article 62(1) of the Criminal Act is significant.

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