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(영문) 대전지방법원 천안지원 2016.10.28 2016고정464
업무상횡령
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From June 5, 2014 to March 31, 2015, the Defendant: (a) was the president of the council of occupants’ representatives in Seo-gu, Seo-gu, Seo-gu; and (b) received KRW 200,000 from the residents of apartments each month in the name of operating expenses of the council of occupants’ representatives; and (c) was in charge of the duties of storing and executing them for

1. Around December 26, 2014, the Defendant embezzled the Defendant using KRW 68,000, out of the operating expenses as the members of the council of occupants’ representatives and the state after a meeting with the members of the council of occupants’ representatives on the pretext of an annual meeting, from the main point of “D” located in Yanan-si around December 26, 2014.

2. Around January 2, 2015, the Defendant embezzled the Defendant using KRW 126,00 out of the above operating expenses as a common meeting and a common meeting of the head of the former apartment management office and the head of the new apartment management office, in the “E” restaurant located in Yanan-si, Incheon-si.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Management rules of collective housing;

1. Transactions and receipts of bankbooks;

1. Investigation report (report on interview with resistances) (In light of the purposes of using operating expenses of the council of occupants' representatives, the management status of details of use, the necessity of supervision by occupants, etc., the details of disbursement of operating expenses of this case and the subject of attribution of the profits therefrom, etc., the act of this case by the defendant is reasonable to be evaluated as an occupational embezzlement crime, and it shall not be deemed that such act constitutes a justifiable

1. Relevant Articles 356 and 355 (1) of the Criminal Act and the choice of fines for the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. The damage under Article 59(1) of the Criminal Act is relatively minor, the fact-finding itself recognizes, the criminal defendant has no record of criminal punishment, and the motive and circumstance of the crime.

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