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(영문) 인천지방법원 2021.01.15 2020고정1481
횡령
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of one million won.

The Defendants are subject to each fine.

Reasons

Punishment of the crime

Defendant

B The chairperson of the Bupyeong-gu Incheon Metropolitan Council for Representatives of Residents, the defendant A's general male secretary of the representative meeting of occupants of the above apartment, and D are those who take charge of the affairs, such as the storage and disbursement of the management expenses paid by the above apartment occupants as a general secretary of the representative meeting of the above apartment occupants.

1. From January 2014 to 30 households, the victim E, etc. who was occupying the above apartment complex, the Defendants and D embezzled the sum of KRW 2,160,00,000 per month from January 29, 204 to December 30, 2016 by withdrawing KRW 60,000 per month from the management expenses, while the victims kept for the victims except for the expenses such as the public electricity and management expenses. From January 29, 2014 to December 30, 2016, D embezzled the sum of KRW 1,80,000 per month by withdrawing KRW 180,000 in cash with Defendant B and each of them divided into KRW 60,000 per month.

2. The Defendants and D, as described in the above paragraph (1) around January 2017, have kept management expenses paid from 30 households, such as victims E, etc., and conspired to withdraw the Defendants’ activities and use them. At once a month during the period from January 24, 2017 to July 10, 2018, D embezzled KRW 100,000,000 to Defendant B, KRW 300,000,000,000 to KRW 60,000,000 for each month during the period from January 24, 2017 to July 10, 2018.

Summary of Evidence

1. A protocol concerning interrogation of the suspect of the police against the defendants' respective legal statements (as at the second public trial date) D

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to filing a complaint and a report on investigation (Submission and attachment of suspect evidential materials);

1. Article 355(1) and 30 of the Criminal Act, the applicable law and the choice of punishment for the crime, and the choice of fines;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

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