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(영문) 부산지방법원 2013.05.09 2012고단10194
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 June 2004 to June 19, 2012, the Defendant has been in charge of the receipt of apartment management expenses, operating expenses, application and receipt of incentives for promotion of employment of the aged, and receipt of settlement management expenses, etc. while working as accounting at the management office of the Young-gu Busan Metropolitan City.

1. On March 20, 2006, the Defendant voluntarily consumed KRW 18,704,700,000, which was paid to the above apartment in the name of the Busan Regional Labor Office under the Ministry of Labor, for the purpose of supporting the employment of the aged, as shown in the attached Table 1 from around that time to February 17, 2012, after being transferred to the Busan Regional Labor Office under the name of the Busan Regional Labor Office, for the purpose of supporting the employment of the aged, for personal purposes.

2. On January 26, 2007, the Defendant: (a) transferred the principal and interest KRW 15,372,217 paid to employees of the above apartment to the above Busan Bank account as the retirement insurance for employees of the company was due to the maturity of the employee retirement insurance for employees of the above apartment; and (b) voluntarily consumed KRW 100,000 for personal purposes by withdrawing it to the Director of the Management Office.

3. Around December 24, 2008, the Defendant: (a) deposited management expenses of KRW 359,600 paid to the above apartment 1.302, the above apartment 1.359,600, which was under custody in the account of the above Busan Bank; (b) withdrawn KRW 106,190 from the head of the management office to voluntarily consume it for personal purposes.

4. The Defendant committed embezzlement of interim settlement management expenses, around 2005, spent KRW 2,866,930,00 for interim settlement management expenses for apartment buildings paid as KRW 1,866,930 paid to the above apartment 1-dong 503 of the above apartment complex, and used KRW 1,892,50 for personal purposes by withdrawing it to the head of the management office and using it for other personal purposes. From around that time to around 2012, the Defendant voluntarily consumed KRW 8,729,680 for eight times in total as shown in the attached Table 2 of the List of Offenses Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Prosecutions against the Defendant.

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