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(영문) 수원지방법원 2015.07.22 2015고단1365
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From July 2009 to July 24, 2012, the Defendant, as the manager of two multi-family house C, was engaged in the lease deposit, rent collection and management of the above building.

On November 3, 2010, the Defendant collected KRW 18 million from D, a lessee of the building No. 203, the foregoing building, under the name of deposit money, and used it for personal purposes, such as reimbursement of debts and living expenses, at a place where the location is unknown at that time.

In addition, from around that time to July 2012, the Defendant consumed a total of KRW 102,150,000 in the same manner as indicated in the annexed crime list.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. E’s statement among the police interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the sentencing guidelines for sentencing [decision of types] the scope of the sentencing guidelines [decision of types] the embezzlement crime group-10 million won or more, the amount of less than 500 million won [the scope of the sentencing guidelines and the scope of the recommended sentence] basic area (one year or three years of imprisonment] (no person):

3. Determination of sentence of this case has reached KRW 12 billion and no amount has yet to be recovered from damage, etc. as set out in the Disposition, taking into account the fact that the amount of damage in this case was determined in the amount of 12 billion won.

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