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(영문) 수원지방법원 안산지원 2019.11.28 2019고단2920
업무상횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From September 2016, the Defendant has been entrusted with the management of multi-households in Bupyeong-si B by the victim C, the owner of the multi-households, and has been in charge of the management of new tenants and the collection of deposit money.

On September 27, 2016, the Defendant voluntarily consumed the leased deposit of KRW 20 million from D, a lessee of the above multi-household building, for personal purposes, such as paying his/her living costs and unpaid taxes, etc. around that time, and embezzled the leased deposit of KRW 60,44 million from the lessees of the above multi-household building on four occasions until May 11, 2017, while he/she was in custody for the victim, he/she used the leased deposit for personal purposes, such as living expenses, around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The details of embezzlement, text details, the lease contract, and the application of Acts and subordinate statutes to the transfer result inquiry;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act is deemed to have been arbitrarily consumed and embezzled while the Defendant, while being entrusted with the management of the house by the victim and performing duties such as the management of new tenants and the receipt of the deposit money, etc., while keeping the lease deposit amount of KRW 60,000,000,000 in total from the lessee, which is disadvantageous to the Defendant.

However, the records and arguments of this case, such as the defendant's recognition of crime and mistake, the fact that the victim fully repaid the amount of damage to the victim, etc., and other circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive, means and result of the crime, and the circumstances after the crime, etc.

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