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(영문) 춘천지방법원 속초지원 2014.04.02 2014고정12
업무상횡령
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant, from March 2003 to January 2013, as a member of the victim D Apartment Self-Governing Council in Gangseoyang-gun C, was in charge of managing the collection and disbursement of apartment management expenses.

1. On March 19, 2012, the Defendant released KRW 300,000 from the bank account (E) and KRW 700,000 from the bank account (F) in mind and used KRW 1 million in total for personal purposes, such as living expenses, around that time, among the management expenses kept by the Nonghyup Bank in Yangyang-gun, Yangyang-gun, Yangyang-si.

2. On August 3, 2012, the Defendant deposited 1.8 million won out of apartment management fees deposited in the bank account (G) in Yangyang-gun, Yangyang-gun, Yangyang-gun, and withdrawn it in mind and used it for an individual purpose, such as hospital expenses, around that time.

Accordingly, the defendant embezzled the victim's property twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Application of investigation reports (related to receipt and attachment of a detailed statement of financial account transactions in the name of D apartment from the complainants);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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