2013 Highest 650 Occupational embezzlement

A.

Park Jong-chul(s) and cryp(s)

Attorney B (Korean Office)

October 10, 2013

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

From August 1, 2005 to March 14, 2013, the Defendant worked for the management office of the "D apartment in Chuncheon City C" as an accounting principal, and was in charge of the management of apartment management expenses, etc.

The Defendant, on the top of the fact that the Defendant bears the obligation of loans equivalent to approximately KRW 30,00,000 from the lending company, was unable to cover interest on the above loans and the Defendant’s husband’s payment alone, which is not sufficient to cover the payment for credit card use, the Defendant, who was the victim, was in possession of the management expenses for the apartment of the above apartment council of occupants’ representatives, and was willing to withdraw money from the management expenses account and use it as credit card use

On November 12, 2010, the Defendant: (a) withdrawn KRW 3,00,000 in cash from the new bank account in the name of the victim, which is the deposit account for apartment management expenses, in the name of the Defendant, at the F branch of the new bank located in Chuncheon-si; (b) was in custody for the victim; (c) around that time, he arbitrarily consumed credit card rent used by the Defendant and the Defendant’s husband, and embezzled it; (d) from the above date and time to February 7, 2012, the Defendant embezzled it by consuming KRW 13,397,760 in total over 12 times from the above date and time to February 27, 2012, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation of G;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 356 and 355(1) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (see the following reasons for sentencing):

Reasons for sentencing

【Determination of Punishment】

Embezzlement, Type 1

[Special Aggravationd Persons]: Recovery of a significant damage (Mitigations)

【Determination of Recommendation Area】

Reduction Area, Imprisonment not more than 10 months;

【Criteria for Suspension of Execution】

1. Grounds for major participation: Unagreement, recovery of significant damage, etc.;

2. Reasons for general participation: There is no criminal offense repeatedly, serious reflector, or criminal record of a stay of execution or more;

(each pride)

【Determination of Sentence】

The defendant is deeply divided and reflected in the crime of this case, the amount of damage is repaid, there is no record of criminal punishment heavier than that of the same criminal power and suspended execution, out of that, the defendant's circumstances leading to the crime of this case and the degree of damage, and the age, character and conduct and environment of the defendant, etc. shall be determined within the scope of the recommended field, and the punishment against the defendant shall be suspended, and the execution of the sentence shall be suspended and sentenced as the disposition of this case.

Lee Tap-ap