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(영문) 인천지방법원 부천지원 2013.04.11 2013고단292
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

From June 2009, the defendant has been engaged in the collection of management fees of the victim B apartment committee as the director of the office of managing the off-gu B apartment in Bupyeong-gu, Bupyeong-gu.

On February 9, 2012, the Defendant collected management expenses from the occupants of apartment houses from the B apartment management office and deposited 569,550 won to the reserve fund in the account of community credit cooperatives under the name of the chairman of the autonomous committee C, and consumed them for personal purposes such as living expenses around that time.

In addition, the Defendant embezzled the total amount of KRW 12,137,090 from February 9, 2012 to May 1 of the same month, as shown in the list of offenses.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes to confirm, file a complaint, investigation report (the details of the passbook for management expenses and the details of revenue and expenditure for May);

1. Article 365 and Article 355(1) of the Criminal Act related to criminal facts and Articles 365 and 355(1) of the Criminal Act, comprehensively, the defendant should be punished strictly in light of the following: (a) the nature of the crime in question is not good in light of the substance of the crime in question and the method of the sentencing of the sentence in question; and (b) the amount of damage is reasonable and not recovered until now; (c) however, the defendant has a depth of his mistake; and (d) other circumstances of this case, which are conditions for sentencing such as the defendant’s age, character and conduct, family relationship, and conditions after the crime

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