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(영문) 서울중앙지방법원 2018.05.31 2018고단1311
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From August 2003 to December 31, 2016, the Defendant has been dispatched to the management office of the apartment complex in Seongbuk-gu, Sungnam-gu, Seoul, to engage in accounting affairs, such as the imposition and collection of management fees for the apartment house occupant representative meeting of the damaged party, as the staff of the D Co., Ltd. in the third floor of the Seocho-gu Seoul Metropolitan Government C Building.

On the end of 2010, the Defendant: (a) around the end of 2010, when his father received liver cancer treatment, received a large amount of living expenses, such as medical expenses, etc.; and (b) paid the management expenses in cash, without depositing the money into the account for apartment management expenses; (c) stated that the payment notice of apartment management expenses for the next month is not unpaid; and (d) stated that when the management expenses are deposited or remitted to the head of the Tong, the Defendant paid the management expenses for the next month, and changed the unpaid portion of the management expenses for the previous month, which became the receipt of the payment of the unpaid portion, to the unpaid portion and embezzled the management expenses paid in cash.

On January 201, 201, the Defendant: (a) deposited KRW 373,620,00 in cash management expenses of the above apartment building 201-503-12 December 12, 2010; and (b) used such expenses for personal purposes as the Defendant’s living expenses.

From around that time to April 2015, the Defendant consumed the total of 3,677,190 won of the management expenses, which was kept on behalf of the company by the same method over a total of 68 times, as shown in the list of offenses.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of each police statement protocol to F;

1. Article 356 and Article 355 (1) of the Criminal Act, inclusive, with respect to the facts constituting an offense;

1. It is so decided as per Disposition on the grounds of Article 62(1) or more of the Criminal Act, taking into account the fact that the suspension of execution (the most damaged damage was recovered and the primary crime was committed).

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