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(영문) 대전지방법원 서산지원 2017.01.13 2016고정238
업무상횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From November 1, 2012 to December 31, 2013, the Defendant has been engaged in the management of the above apartment complex as a director of the company in the company (state) who manages the apartment apartment B in Tae-gun, Chungcheongnam-gun, Chungcheongnam-gun, and has been engaged in the management of the above apartment.

The defendant's long-term repair allowances received from the occupants of apartments shall be used for the replacement, repair, etc. of major facilities of the apartment, and the management expenses of the players shall be used for the expenses necessary for the management, operation, etc.

Nevertheless, on July 31, 2013, the Defendant arbitrarily used KRW 26,383,750 in total for purposes other than the original purpose, such as the health insurance premiums of the employees of the apartment management office, electricity fees, etc. by remitting KRW 3,887,790, which was in the custody of the said apartment to the account under the name of the Defendant, for the long-term repair allowances and the management expenses for the athletes, from the said apartment management office, and using KRW 26,383,750 in total for five times from the time to December 2, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to underwriters, investigative reports (Submission of Additional Documents by Complainants), investigation reports (Submission of Documents by Complainants), investigation reports (Submission of Documents by Complainants), and investigation reports (victim D Telephone Investigations);

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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