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(영문) 서울중앙지방법원 2019.01.30 2018고단4244
업무상횡령
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is the chairperson of the Steering Committee of the second floor of Jongno-gu Seoul Metropolitan Government building (hereinafter referred to as the “instant building”).

Around August 2008, the Defendant leased the instant building D owned by the Victim C to E without the consent of the victim, and deposited the rent received from E into the F Bank account in the name of the Defendant for the sake of the victim. On April 18, 2012, the Defendant embezzled the rent of KRW 750,000 for the construction cost of the said B building without the consent of the victim, and embezzled it by arbitrarily using the total amount of KRW 31,73,844 over eight times in total, as shown in the list of crimes in the attached Table, from around that time to July 11, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. The prosecutor's statement concerning GH;

1. Statement C in the second police interrogation protocol against the accused;

1. The police statement of I and G, and the police statement of GH;

1. In filing of a complaint, attachment: The full certificate of registered matters, investigation report (teleline investigation), - the director of the management office in B building - Warrant, warrant meeting transaction report, authentic statement, investigation report (the general telephone conversation of the second floor operating committee), investigation report, investigation report (attached list and contract of sales and purchase of mortgage claims), business registration certificate, second floor operating council rules of building B, full certificate of registered matters, commercial lease agreement, copy of the book of the passbook in Seoul Northern District, judgment (Seoul Northern District Court Decision 2013No26484), execution clause, service contract, service contract, contract for change of use, contract of claims of collateral security register, notification of assignment of claims, investigation report (a copy of the passbook in charge of management of rent profit distribution), copy of passbook in each F Bank L, copy of passbook in F Bank M. Act and subordinate statutes shall apply;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning criminal facts, the selection of fines;

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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