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(영문) 의정부지방법원 2017.11.09 2017고합291
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From July 1, 2014, the Defendant had been working as an employee in charge of accounting at the management office of the apartment complex in Namyang-si, the Defendant had been engaged in managing funds, such as management expenses for apartment and long-term repair allowances, which are joint ownership of the victims C apartment residents, while keeping the head of the Tong where management expenses, long-term repair allowances, etc. are deposited.

On November 1, 2016, the Defendant used the apartment management fee deposit account in the name of the new bank in the name of the Dosan-si, Namyang-si, and then arbitrarily used the amount of KRW 39,207,080 to the account in the name of the E to transfer KRW 20,16,010 to the account in the name of one bank (F) in the name of E for the overseas futures option transaction in the same name, using a new bank account (including a new bank, D) in the name of the victims in the area of the Dosan-si, Namyang-si, and then arbitrarily used the amount of KRW 15,703,770 to the account in the name of the national bank (501-04-41481) in the name of the IMM.

In addition, from November 1, 2016 to July 4, 2017, the Defendant embezzled the victims' property while on duty by withdrawing the total amount of KRW 625,679,240 from six passbooks, such as deposit passbooks of apartment management fees, in a total of 21 occasions, such as the list of crimes, and consuming them for personal purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Complaint;

1. Each investigation report (for example, 23, 29, 31) ;

1. Application of Acts and subordinate statutes to the details of the withdrawal of the management expenses passbook (17 times a month), details of account transactions, requests for withdrawal of deposits, etc. (18 times a year), request for withdrawal of deposits (19 times a year), futures trading of futures lending companies (13 times a year), written confirmation of completion of payments (14 times a year), and issuance of a receipt of deposit confirmation (15 times a year);

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) (including provisions) of the Criminal Act concerning the crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment;

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