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(영문) 수원지방법원 여주지원 2015.05.11 2015고단244
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From August 14, 2007 to December 26, 2013, the Defendant is a person in charge of the management and accounting of the above apartment.

1. Around August 31, 2007, the Defendant embezzled KRW 360,911,284 in total by arbitrarily consuming KRW 252,00 from the said apartment name, as shown in attached Table 1, until December 24, 2013, when he/she kept a passbook connected to the agricultural bank account in the name of the said apartment, and voluntarily consuming KRW 360,91,284 in total from the said apartment name by withdrawing the amount to be paid to the cleaning service company for the purpose of personal debt repayment, etc.

2. On September 26, 2007, the Defendant received management expenses of KRW 177,480 from the occupant household in the above apartment unit from the occupant household in 906 and processed it by computer, and did not deposit it into the above apartment unit’s account and voluntarily consumed it for the purpose of personal debt repayment, etc. while keeping it, from that time, up to December 2013, the Defendant embezzled KRW 74,395,560 in total by voluntarily consuming the management expenses, etc. of the above apartment through 305 times in total, as shown in the attached list 2 of the crime sight.

Ultimately, the Defendant embezzled total of KRW 435,306,844, including management expenses, etc. of the victim C Apartment Council, which was kept in business over 557 times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to D, E, and F;

1. Each complaint;

1. Documents attached to the adjusted data on the victim, such as the business operator registration certificate, interim management expenses receipt, management expenses receipt file, etc., details of passbooks of apartment houses and disbursement resolution;

1. Application of Acts and subordinate statutes to investigation reports (Submission of details of transactions in A account, revision of frequency of crime, report on re-preparation of crime list, attachment report, such as a copy of management expenses receipt, and report on revision of the re-preparation

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355(1) of the Criminal Act, the reason for sentencing of sentence of imprisonment [the scope of recommending sentence].

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