2017 Highest 5222(a) Occupational embezzlement

(b) Occupational embezzlement;

1. A.

2.2.B

Kim Jong-dong (prosecution) and ordinary people's seat (public trial)

Attorneys Yang LLC (Presiding Justice)

Attorney D

January 10, 2018

Defendant A shall be punished by imprisonment with prison labor for ten months and by imprisonment for four months.

However, for Defendant A, the execution of each of the above punishment shall be suspended for two years from the date when the above judgment becomes final and conclusive, and for Defendant B, for one year from the date when the above judgment becomes final and conclusive.

Criminal History Office

Defendant A is the chairperson of the residents' representative council of the Busan Dong-gu E apartment from March 2006 to October 31, 2016, who was in charge of the management of the above apartment. Defendant B is the head of the management office of the above apartment from October 31, 1997 to October 31, 2016.

1. Defendant A

The management office in which the defendant has the allowance for repair collected from the occupants of the above apartment;

While keeping a passbook in the name of the Korean bank account (F) in the course of business, the defendant was unable to pay the credit card price used by him/her, so he/she was willing to withdraw cash from the above account and pay the credit card price.

On April 26, 2007, the Defendant, at the above apartment management office, obtained the seal necessary to withdraw cash from the above account from the above account, and then voluntarily withdrawn KRW 5,00,000 from the above account from the above account by presenting the passbook and the seal to an employee at the branch of the hot spring Dong-dong, Busan, and then arbitrarily withdrawn KRW 25,30,000 from the above account from the above account, using it as credit card price from around that time to July 25, 2016, and embezzled by using it.

2. Defendant B

On April 26, 2007, the Defendant, while keeping the seal necessary to withdraw cash in the above apartment management office account at the above apartment management office, made it easy to commit the crime of embezzlement described in Section A(1) by unfolding the seal to A.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Complaint;

1. Application of Acts and subordinate statutes to the detailed statement of transactions of each repair reserve fund (F), a copy of book, review of E management expenses, investigation report (Evidence No. 6), the detailed statement of imposition of management expenses, the documents of transactions of the repair reserve fund and the documents of transactions of the E management rules, the copy of the A repair reserve fund and the

1. Article applicable to criminal facts;

Defendant A: Articles 356 and 355(1) of the Criminal Act: Defendant B: Articles 356, 355(1), and 32(1) of the Criminal Act

1. Selection of a sentence;

Each Imprisonment Selection

1. Mitigation and mitigation (Defendant B);

Articles 32(2) and 55(1)3 of the Criminal Act

1. Suspension of execution (the defendants);

Article 62(1) of the Criminal Act (Taking into account favorable circumstances among the following reasons for sentencing):

Reasons for sentencing

[Extent of Recommendation] Type 2 (10 million won to 50 million won). Reduction area (6 months to 2 years)

[Special Mitigation] If a penalty is not granted or a significant damage is recovered;

【Determination of Sentence】

1. Defendant A

The defendant, as the chairperson of the apartment association, withdraws a total of KRW 250 million owned by the victim and personally uses the amount of damage, the amount of damage is large, the number of crimes is omitted and strict punishment is required. However, there is no record of the same kind of crime, and the depth of the crime is contrary to the fact that most of the amount of embezzlement has been returned, and the punishment is determined as ordered in consideration of sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances leading to the crime, means and method of the crime, results, etc., and the circumstances after the crime.

2. Defendant B

The defendant, while working as the head of the apartment management office, is driving the seal necessary for A to withdraw the money so that A can embezzled the money owned by the victim. There is no history of the same crime, and reflects the depth of the crime. The most of the embezzled money has been returned, and other conditions of sentencing, such as the defendant's age, character and conduct, environment, circumstances leading to the crime, means and method of the crime, results, etc., shall be determined as per the order.

Judges Boh-ho