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(영문) 울산지방법원 2020.07.23 2020고정320
횡령
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the Kdong and the representative of the council of lessees' representatives of the apartment B in Yangsan-si.

around April 30, 2019, the defendant received transfer of KRW 1 million from the defendant's Nonghyup Bank Account (L) to the defendant's Nonghyup Bank Account (L) account on or around April 30, 2019 and kept the same year.

5.1. The same year after he/she arbitrarily uses 40,000 won for living expenses, such as remitting the defendant's apartment rent to the virtual account in arrears, etc.;

5.4. Around 50,000 won was remitted to the Apartment Women's Association.

Accordingly, the defendant embezzled by using the victim B apartment unit's meeting cost of KRW 500,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statement by prosecution;

1. Statement to C by the police;

1. A report on investigation (the sequence 5, 9, 19 of the evidence list);

1. A statement of accounts transactions in agricultural cooperatives;

1. Application of Acts and subordinate statutes to a written request for the refund of expenses for other purposes, other than the confirmation source for the payment of rent, details of the exercise expenses for senior

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Claims by the Defendant and defense counsel under Article 334(1) of the Criminal Procedure Act and determination thereof

1. At the time of the assertion, the Defendant, while keeping 50,000 won for the exercise expenses of the council of occupants' representatives, went away for personal use without knowledge and returned money again after discussion with the Director of the Management Office, there was no intention of embezzlement.

2. However, in light of the following circumstances revealed by evidence, it is reasonable to view that the Defendant received remittance of the exercise expenses for senior citizens and used 500,000 won for embezzlement immediately after that day.

① On April 30, 2019, the Defendant demanded the management of KRW 1 million in the event cost of the senior citizen’s right to reimbursement and kept the transfer of KRW 1 million to the Nonghyup Bank Account (hereinafter “instant account”) holding around April 30, 201.

(2).

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