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(영문) 인천지방법원 부천지원 2015.08.13 2014고단1870
업무상횡령
Text

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

Reasons

Punishment of the crime

The defendant is a person who works as the director of the managing office of the Bupyeong-gu E Commercial Building in Bupyeong-gu and has been engaged in the overall management of the victim E Commercial Building Management Body (hereinafter referred to as the "victim Management Body"), including the management fees.

On September 24, 2011, the Defendant: (a) transferred the management expenses, etc. collected from the occupants of the said commercial building to the company bank H account in the name of G, a borrowed account of the said victim management body, from the company bank F account, the official account of the said management body to the company bank account in the name of G, a borrowed account of the said victim management body; and (b) embezzled the management expenses, etc. for personal use around that time.

From October 6, 2009 to July 1, 2013, the Defendant transferred the Defendant’s borrowed account and personal food expenses from the management expenses account to the Defendant’s borrowed account (crime list 1), received partial management expenses directly from the Defendant’s borrowed account and consumed them at his own discretion (crime list 2), received directly in cash and used the front square of the building (crime list 3), received and voluntarily consumed the parking expenses (crime list 4), received and disbursed the parking expenses directly in cash (crime list 4), received and disbursed the money deposited into the victim’s own parking expense account (crime list 5), voluntarily withdrawn and consumed the money deposited into the victim’s management organization’s official account (crime list 6), and stored the money deposited into the victim’s borrowed management organization’s official account at his own expense (crime list 77), and kept the total amount deposited in the victim’s borrowed management expenses under the victim’s borrowed management organization’s official name and kept it for more than 84 days in total under the victim’s loan management organization’s name (crime 284).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I, J, G, K and G;

1. A complaint, a statement of account, and a statement of account use card G.

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