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(영문) 대전지방법원 2012.12.10 2012고단3844
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From around 2002 to June 27, 2012, the Defendant was engaged in the management of the management expenses, etc. from the victims of the Seo-gu Daejeon Steering Committee, who were the president and the general secretary of the Steering Committee, and from the members of the commercial building.

1. From 2002 to 'C', the Defendant, who received reserves for long-term repairs from 'C' to 'C' and kept them for the victim 'C' management committee after voluntarily withdrawing KRW 16,00,000 from the above account on December 6, 2007 and consumed them as the price for gambling and the Defendant's personal stock investment.

In addition, while the Defendant kept the long-term repair appropriations owned by the victim during the period from around that time to June 22, 2012, the Defendant arbitrarily withdrawn total of KRW 74,431,603 on 11 occasions as shown in the attached Table 1, and embezzled them under the pretext of gambling and the Defendant’s personal stock investment price.

2. Around November 29, 2007, the Defendant embezzled part of the commercial space owned by the victim to E, and embezzled by arbitrarily withdrawing KRW 5 million around December 6, 2007 and consuming it for gambling and personal stock investment proceeds, etc. while having received KRW 5 million from his/her female as a cti bank account under the name of the Defendant.

3. Embezzlement of reserves for retirement of employees in commercial buildings;

A. The Defendant, from March 31, 2005 to November 29, 2007, received 130,000 won from the aforementioned “C”’s occupant’s account in the name of the Defendant for retirement of the employees in charge of managing commercial buildings from the said “C,” and kept the said account for the victim’s business. On or around December 6, 2007, the Defendant terminated the said bank account and voluntarily withdrawn 3,690,430 won owned by the victim and voluntarily withdrawn 3,69,430 won.

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