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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
1. From January 21, 1997 to February 28, 2013, the Defendant, while working as the head of the management office of the Daegu North-gu B apartment, Daegu-gu, Seoul-gu, took charge of the management affairs, such as operation, maintenance, and repair of the said apartment, expenditure and accounting of management expenses.
On February 2, 2007, the Defendant embezzled total of KRW 19,463,200 through 38 times from the above date and time to January 2013, as shown in attached Table 1, while he was in business custody for the council of occupants' representatives of the victim B apartments, which was in charge of the elevator maintenance and repair of the above apartment in the above apartment management office.
Accordingly, the defendant embezzled the victim's property.
2. When the Defendant was employed as the head of the management office of the above B apartment, on February 2012, the said apartment management office embezzled KRW 6,582,920 in total over 52 times from the above date to December 2012, when he received a request from the victim D, who was the occupant of the above apartment No. 515, to pay for the management expenses of the apartment, and kept the said money for the victim, and he was spent voluntarily due to the Defendant’s living expenses, etc. around that time, and embezzled KRW 16,700 in total from the above date to December 2012.
Accordingly, the defendant embezzled the victims' property.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of the E, F, and G;
1. Application of the Act and subordinate statutes to the details of accounts receivable, investigation reports (in relation to the attachment of the embezzlement of management expenses), investigation reports (in relation to the confirmation of tenants);
1. Relevant legal provisions concerning criminal facts, Articles 356, 355 (1) of the Criminal Act (the occupation of occupational embezzlement and the choice of imprisonment), and Article 355 (1) of the Criminal Act (the occupation of embezzlement and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;