Text
A defendant shall be punished by imprisonment for not more than ten months.
The application for compensation order of this case shall be dismissed.
Reasons
Punishment of the crime
The Defendant is a person who works as the head of the management office of the Bupyeong-gu Seoul Special Metropolitan City B building building building from November 30, 2008 to November 30, 2012, and was engaged in the management of unpaid management expenses, management expenses, deposit money, etc. from the occupant of the commercial building.
On October 19, 2009, the Defendant received 2.2 million won of unpaid management expenses from the occupant of the above commercial building from the "D," and received them in cash and paid them for the management body of the victim B commercial building number, and used them at will at that time, and received 46,325,471 won in total from the account of cash or the defendant (bank E and F) over 23 times from November 30, 2012 through the same method, as shown in the list of crimes in the attached Form (Ⅰ) in the same manner. On September 7, 2010, the Defendant arbitrarily consumed 46,325,471 won in total from the above account of the commercial building management expenses (a bank G) under the name of the Defendant, which was managed by the Defendant, to arbitrarily consume 890,020 won in cash and arbitrarily consumed for living expenses, etc. in the same manner as indicated in the list of crimes (Ⅱ) and arbitrarily consumed 5,390,200 won in total.
As a result, the Defendant embezzled total of KRW 51,715,491, such as management expenses, etc. kept on duty for the victim B shopping mall.
Summary of Evidence
1. Defendant's legal statement;
1. Part H and I of the police interrogation protocol against the defendant
1. Each police statement made to J, K, and H;
1. Each complaint;
1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;
1. Articles 356 and 355 (1) of the Criminal Act by universal title to the relevant criminal facts;
1. Selection of alternative imprisonment with prison labor (the sentence of a sentence on a defendant is inevitable as the elements of sentencing favorable to him/her and the extent of damage in this case are not making any effort to recover from damage, in the event that the defendant's mistake is divided);
1. Matters concerning dismissal of an application for compensation order, promotion of litigation, etc.;