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(영문) 의정부지방법원 2017.10.12 2016고단3985
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 21, 2006, the Defendant, as the director E of the Dong Government-si D Building Management Agency, provided management services by concluding a service contract for the management of the commercial building, respectively, with the Francing Association at the Government-si around June 21, 2006 and the G commercial building management association at the Government-si around 2013.

The Defendant collected management expenses, including electricity and water supply, from the owners of the above shop shop shop stores, including victims H, and received electricity and water supply, from the owners of the above shop shop stores, and was in custody of the said victims for the said victims, and was 41,076,540 won from August 8, 2015 to December 2, 2015, and the water supply tax of KRW 13,572,640 from May 2, 2015 to December 2, 2015, and the water supply tax of KRW 12,224,130 from June 6, 2015 to December 2015 from the G Subdivision, to KRW 28,795,310, total amount of KRW 95,668,620 from September 20, 2015 to December 12, 2015.

Accordingly, the defendant embezzled the property of the victims who had been under custody in the course of business.

Summary of Evidence

1. Statement of the defendant in the fifth public trial records;

1. Each police statement made to I and C;

1. A notice of management expenses;

1. A detailed statement of deposit transactions, details of transactions, details of deposit and withdrawal transactions, and copies of bankbooks;

1. Guidance scheduled to suspend the supply of electricity, a monthly statement of water supply and sewerage fees, conditions of the suspension of the power supply, a certificate proving the arrears of electricity charges, electricity and waterworks charges, and a certificate proving

1. Each letter;

1. Front copy of bankbook; and

1. A building management contract;

1. Details of a seizure warrant reply - Application of Acts and subordinate statutes on account transactions in post offices A;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 32 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation Order (in addition to the applicant, the sum of the amount of damage suffered by other victims is sought, and the defendant contests the amount of application).

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