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(영문) 전주지방법원 2018.01.22 2017고단1147
업무상횡령
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

From March 199 to March 2016, the Defendant is a person in charge of accounting, such as the collection of management fees and rents, and the payment of various public charges, when he/she works for the H management office located in Yeongdeungpo-gu Seoul Metropolitan Government G from 1999 to 2016.

In general, the Defendant, the representative of H, took charge of H’s accounting affairs under the name of H, used the NA account in managing the NA account in a non-deposit passbook. The Defendant deposited and executed public funds to the NA account in the name of the Defendant and the account in North Korea bank account in the name of the Defendant’s father. At the same time, the Defendant’s personal funds also deposited through the said account, with the intent to pay the Defendant’s debt owed to K or the lending company, or to use living expenses.

The defendant stated in the bill of indictment in 2011 in 2012, but it appears to be a clerical error in 2011.

From management expenses to February 2016, the victim L, etc. occupied by H from January 1 to February 2016, embezzled KRW 722,721,720, rent 124,00,00, rent 124,00,000, rent for the base station and national tax refund 32,536,39,155, the sum of KRW 17,000,000 for elevator remodeling expenses, and KRW 20,000 for rental deposit, and KRW 89,158,115, while he/she was transferred to the account in the above I’s name or received cash payment and kept for the victims, the above H’s total amount of KRW 72,430,323, other than KRW 172,727,792,792, such as electricity charges, water supply and drainage charges, communications expenses, and personnel expenses, etc., by arbitrarily consuming it for personal expenses, living expenses, personal debts, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of a witness I;

1. Each police statement made to M, N,O, P, Q, R, S, T, U, and K;

1. Each transaction statement (Evidence No. 4,71), management expense statement (Evidence No. 9), each account statement (Evidence No. 32,33), claims for management expenses, etc.;

1. Reports on internal investigation (related to the details of excessive claims for management expenses and the adjustment of profits);

1. A report on internal investigation (related to the adjustment of an excessive claim amount);

1. A report on internal investigation (a rental fee);

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