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(영문) 수원지방법원 안산지원 2013.04.26 2012고단2774
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, an employee of the apartment management company B, who works for the management office from June 2004 to October 201, 201, was engaged in the duties such as imposing apartment management fees on the occupants and managing and executing them.

On September 30, 2010, the Defendant, while keeping 24,384,170 won of the apartment management fee of the victim B, which was received from the occupants from the above C Apartment Management Office, was in his/her business, stated in the account book as “unclaimed management fee” and embezzled KRW 53,475,250 in total from September 30, 201 to October 5, 201, including the Defendant’s arbitrary consumption of KRW 53,475,250 in total from around September 30, 201 to around October 5, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of each substitute list, assistant vice presidents, and audit report-related Acts and subordinate statutes;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (including the fact that it reflects the fact that it is the first offender, the fact that it is the first offender, and all the amount of embezzlements deposited);

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