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(영문) 창원지방법원 밀양지원 2016.06.09 2016고정42
업무상횡령
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, as the head of the Dong located in C from around 2005 to 2015, installed a telecommunications relay system on the rooftop of the community center with the telecommunications company, such as KT, and entered into a contract with the community center to receive the rooftop rent, and kept the facility at the rent. The Defendant is in charge of the transfer of the facility to the community account at the end of each year.

1. On September 20, 2012, the Defendant received rent of KRW 525,00 from KT from KT to the Defendant’s agricultural bank account, and embezzled the Defendant’s account at the above community center around December 2012, 2012.

2. The Defendant, as described in paragraph (1) around May 28, 2013, received and retained rent of 2 million won from KT, as indicated in paragraph (1), and embezzled KRW 1.3 million from the above community hall around December 2, 2013, and 7 million from his/her account as it is.

3. The Defendant, as described in paragraph (1) around May 26, 2014, received and retained rent of 2 million won from KT, as indicated in paragraph (1), and embezzled KRW 1.3 million from the above community hall around December 2014, the Defendant transferred 1.3 million from the above community hall and embezzled KRW 7 million from his/her account as it is, due to living expenses, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, and the choice of fines for the crime;

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

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

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