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(영문) 창원지방법원 진주지원 2018.10.11 2018고단321
업무상횡령등
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is a person who was responsible for the representative of the occupant of B apartment from September 30, 2016 to May 24, 2017.

1. On March 27, 2017, the Defendant: (a) received transfer of KRW 15 million from C to a bank account in the name of E bank account in which he/she was awarded a contract for the above apartment parking facilities and the trademark re-Packing business; and (b) used it to settle the food cost of KRW 220,000,000,000, out of the above money, to be used for settling the food cost 2.2 million, which he/she received from D, for the said apartment occupants; (c) then, he/she embezzledd KRW 2.5 million for personal purposes, such as living expenses, from the Jin-siwon around that day.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F, C, and D;

1. A written accusation;

1. Materials for cooperation in investigation;

1. Investigation report (the details of execution of construction cost by construction business operator C);

1. Investigation report (financial data related to the details of deposits and withdrawals from development funds);

1. Investigation report (the details of the use of the development fund);

1. Investigation report (related to the purchase of asphalts, hearing statements from distributors by telephone);

1. Investigation report (to hear statements from a waste disposal business operator by telephone);

1. A report on investigation (a detailed statement of transaction in common accounts, such as management expenses accounts);

1. Investigation reports (the members present at the steering committee for the selection of enterprises);

1. A written confirmation of the investigation report (B apartment management complaint);

1. Application of Acts and subordinate statutes to each investigation report (at least one right 12 pages to 37 pages of investigation records);

1. Articles 356 and 355 (1) of the Criminal Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment – Circumstances unfavorable to the defendant - Unfavorable circumstances - Circumstances that are favorable to the defendant - None of the previous crimes of the same kind or suspension of execution or any part

1. The facts charged in this part of the charge of fraud are as follows: “The Defendant, at the Jinju-si around January 13, 2017, subsidized up to 50% of the cost of maintaining common areas, such as parking lots of multi-family housing.

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