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(영문) 대전지방법원서산지원 2020.10.14 2020고단326
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From November 2016 to December 31, 2018, the Defendant served as the chairperson of the “C Multi-Family Housing Consultative Council” located in B from the date of Jinjin-si. From January 1, 2019 to March 25, 2019, the Defendant served as the chairperson of the “C Multi-Family Housing Residents Consultative Council” and was dismissed on March 26, 2019.

1. From November 2016 to December 31, 2018, the Defendant was in office as the chairperson of the “C prospective occupants’ council” of the victim’s “C prospective occupants’ council” from around November 2016 to December 31, 2018, and collected membership fees from prospective occupants of the said apartment and advertising expenses and subsidies from the companies participating in the exercise in which the victim was in charge, and deposited them into the account in the name of the Defendant, and engaged in managing and executing the said money for the victim.

From May 21, 2017 to July 23, 2018, the Defendant consumed KRW 11,664,745 in the same way, as indicated in the attached list of crimes, in total 285 times from May 21, 2017 to July 23, 2018, by purchasing goods to be used individually by the Defendant on the E store located in Jinjin-si D, and paying KRW 41,160 with a physical card connected to the said one bank account.

Accordingly, the defendant embezzled the victim's property.

2. A thief: (a) around March 13, 2019, the Defendant stolen the victim’s “C Apartment Housing Resident Council” by using any cres in the C apartment resident conference room located in Jinjin-si, Jinjin-si, with one sn beam projector, one screenor, and one screen.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. Copy posted on the Internet car page of the details of account transactions, and copies posted on the Internet car page, details of payment of membership fees, and details of account transactions, in 2018;

1. Call-recording files CDs;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement), Article 329 of the Criminal Act, and Article 15 of the choice of imprisonment.

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