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(영문) 수원지방법원 안양지원 2014.09.05 2014고정168
업무상횡령
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From Jun. 20, 2011 to Oct. 2, 2011, the Defendant, while serving as a general director of the Dopo apartment council of occupants' representatives from Jun. 20, 201, was in charge of managing the operating expenses of the council of occupants' representatives on Jul. 31, 201, he embezzled the amount of KRW 2,174,50 on a total of 19 occasions as shown in the attached list of crimes, by arbitrarily using the amount of KRW 59,00,000, operating expenses of the council of occupants as food.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of a copy of the management rules and a copy of the details of transactions;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

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

1. Article 334(1) of the Criminal Procedure Act of the provisional payment order [the operating expenses of the council of occupants' representatives shall be used for the original purpose related to the "operation" of the council of occupants' representatives. The management rules set up separate account books, including evidential data, and manage and supervise the use, timing, etc., of operating expenses of the council of occupants' representatives, and so long as the management rules stipulate the use of operating expenses of the council of occupants' representatives and manage and supervise the management authority, it cannot be deemed that the defendant has broad discretion over the defendant. However, even though the defendant was denied to divide the amount of operating expenses of the council of occupants' representatives from the operating expenses of the representative, the head of the management office, employees, the police, etc. for the purpose of notifying a specific person's corruption, it constitutes occupational embezzlement. However, even if the defendant was found at the representative meeting of the council of occupants' representatives to divide the gift certificates to the same representative with the gift gift gift gift, it does not have any other criminal history than the fine imposed once for causing injury to

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