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(영문) 의정부지방법원 2016.11.17 2016고정1579
업무상횡령
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who resides in 9 Dong 202, Dong 9, Dong 202, a multi-family housing in Namyang-si, Namyang-si, and on June 25, 2015, the Defendant applied for a provisional disposition of suspending the performance of duties against D by the Chairman of the Steering Committee, a group of occupants of the above C-Housing, for the same month.

9. 15. Meritorious; and

On March 7, 2016, the Defendant received an order from the Jung-gu District Court to file a lawsuit in relation to the above provisional disposition case, and was placed in the situation where attorney's fees and stamp taxes should be paid for the filing of the lawsuit on the merits. As such, the Defendant had the intention to pay attorney's fees, etc. for management expenses by the 17th of the same month, with the intent of having been in the custody of an acting representative while performing the actual duties entrusted by the chairperson E, and having been in the custody of the acting representative, the Defendant embezzled 3,00,000 won from the management expenses account of the Victim C Housing Management Committee and arbitrarily used it at the attorney's expense, and embezzled 3,318,000 won from the same account on the 25th of the same month and arbitrarily used it as 3,18,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing ground of Article 334(1) of the Criminal Procedure Act for the provisional payment order is that the defendant paid the victim the total amount of damage of this case when the defendant was in this court, and the punishment as ordered shall be determined.

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