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(영문) 서울중앙지방법원 2012.11.22 2012고정3704
업무상횡령
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From 2001 to February 27, 2012, the Defendant was the head of Dongjak-gu Seoul Metropolitan Government Management Office, and D was the head of the above apartment autonomous council from 2010 to 27 February 2012.

On September 6, 2010, the Defendant, in collusion with D on September 6, 2010, kept the damage compensation amount of KRW 75 million in relation to the E apartment construction in the Agricultural Blackdong Branch Office of the Dongjak-gu Seoul Metropolitan Government, and distributed the damage compensation amount to the occupants, the Defendant withdrawn a total of KRW 10.5 million out of the damage compensation amount and embezzled it by arbitrarily consuming 6 million and KRW 4.5 million.

Summary of Evidence

1. Legal statement of witness D;

1. The police statement concerning F;

1. Application of the declaration of conscience and proposal Acts and subordinate statutes;

1. Article 356, Article 355 (1), and Article 30 of the Criminal Act (the punishment prescribed in Article 355 (1) of the Criminal Act in accordance with the proviso to Article 33 of the Criminal Act, Article 50 of the Criminal Act, since the defendant does not have the identity of a custodian in the line of duty), the selection of a fine for the crime;

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

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