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(영문) 부산지방법원 2017.05.17 2017고단777
업무상횡령
Text

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

Reasons

Punishment of the crime

From February 2006 to December 27, 2016, the Defendant: (a) was a person in charge of accounting duties at the Busan Seo-gu apartment management office; and (b) released and executed the expenses for managing the said apartment and for promoting the work from the management account at the meeting of the representatives of the occupants of the above apartment.

On February 3, 2014, the Defendant withdrawn KRW 3,300,00 from the management expenses account of apartment in his/her custody at the above apartment management office and used KRW 3,00,000 among them for personal purposes, such as the use of corporate bonds and the repayment thereof for the representative meeting of the above apartment occupants, and used KRW 146,116,110 for a total of 66 times from October 18, 2016, as shown in the list of crimes in the attached list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. A list of transactions records of the recipient's Busan Bank, investigation report (the statement of transactions records and expenditure resolution attached), C apartment transaction records, and the application of statutes in the written resolution for expenditure;

1. Articles 356 and 355 (1) of the Criminal Act relating to the facts constituting an offense;

1. Reasons for sentencing of selective sentence of imprisonment [the scope of recommended sentence] Type 2 (one hundred million won or more to five hundred million won) (one year or more) basic area (one to three years) [the person who is subject to special sentencing] [the decision of sentence] Defendant’s method of criminal punishment is bad, and the amount of embezzlement is not much much, so it is inevitable to sentence sentence because it does not properly recover from damage.

However, the punishment as ordered shall be determined in consideration of the defendant's age, sex, environment, circumstances leading to the crime, means and methods, results, and other conditions of sentencing, such as the circumstance after the crime, etc.

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