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(영문) 부산지방법원 2014.10.22 2014고정2990
업무상횡령
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

From March 21, 201 to March 20, 2013, the Defendant embezzled the operating expenses of the council of occupants’ representatives, which the Defendant received every month from the occupants as the chairperson of the council of occupants’ representatives of the Busan Northern apartment from March 21, 201, by using the amount of KRW 1,00,000,00 in total, as described in the separate crime list, from around November 29, 201, for the following reasons: (a) around May 15, 2012, on the ground that it is necessary to deal with the issue of compensation for transmission towers in the above apartment, the Defendant arbitrarily withdrawn KRW 20,00 from the above apartment management office D through the above apartment management office and used it in mind; and (b) from that time, he/she embezzled it by using

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes governing operating expenses of the council of occupants' representatives and operating expenses;

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

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

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