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(영문) 광주지방법원 2015.03.31 2014고단4986
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant, who operates the “D” in Seo-gu Ctel, was engaged in the collection and payment of management expenses, etc., including general management expenses, electricity charges, water charges, and urban gas charges for 66 households and 72 households, such as the above Ctel and 6-household households, while working as management directors of the above Ctel from February 1, 2009 to April 30, 2014.

On April 1, 2009, the Defendant, even though there was a duty to spend management expenses received from the above officetel occupants in accordance with its intended purpose in the Seo-gu Office of Management of Office of Gwangju, Gwangju, the Defendant, in violation of this, withdrawn the cash amount of KRW 2,839,680, which was kept in the account for the above officetel management expenses for the victim’s Ctel autonomous meeting, as corporate tax and parking management service expenses, and used KRW 833,790 among them for personal purposes, such as operating funds of the above tourr operated by the Defendant, etc. from that to September 27, 2013, the Defendant used KRW 51,52,750 in total for the management expenses of the victim’s possession for 19 times in the same manner as the attached list of crimes, from that to September 27, 2013.

Accordingly, the defendant embezzled management expenses owned by the victim for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Copies of each Ctel passbook (number 48, 50, 52, 53, 54, 57, 58, 60);

1. Each evidential material (number 11, 20), and account details (E);

1. Application of Acts and subordinate statutes to a criminal investigation report (E suspect 90,000 won remittance data and facsimile submission);

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act (Consideration of Sentencing favorable to the following)

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

1. The scope of punishment by law: Imprisonment for one month;

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