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(영문) 제주지방법원 2015.12.16 2015고정344
업무상횡령
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant worked as the managing director of Jeju Office from March 20, 2013 to June 30, 2014, and kept and disbursed management expenses paid by the occupants of officetels including victims D.

On April 11, 2013, the Defendant voluntarily consumed management expenses equivalent to KRW 22,224,880 as stated in the list of crimes in the attached Table from the above date to February 4, 2014 and embezzled it for business purposes, while having kept the said head of Tong, etc. for business purposes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. The defendant and his defense counsel asserted that the defendant did not have any intent to obtain unlawful profits, as a copy of the Ctel management rules and the head of passbook.

On the other hand, the use of funds by others for purposes other than limited purposes is attributable to the personal purpose, and the act of using funds by itself, even if the person who entrusted the funds, thereby realizing the intent of unlawful acquisition. The disbursement of each money listed in No. 2 through No. 7 of the attached Table 2 of the crime list itself does not fall under the item of management expenses stipulated in the Ctel management regulations. The account listed in No. 1 of the attached Table 626 of the crime list does not fall under the item of management expenses stipulated in the attached Table 626 because the contact with the owner E was cut off and the management expenses under No. 626 of the attached Table 626 have been delayed, it was leased at the Ctel representative meeting of the owner of the Ctel and the rent was stored in the Ctel’s account, and it was established accordingly after determining to appropriate the delinquent management expenses.

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