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(영문) 춘천지방법원 강릉지원 2014.05.09 2013고단237
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 23, 2005, the Defendant was appointed as the manager of the victim D Co., Ltd. established for the purpose of managing F apartment, and was in charge of the overall affairs of apartment management, including managing the deposit of the moving-in household until December 31, 2012.

From March 17, 2005 to August 5, 2011, the Defendant, as indicated in the attached Form No. 1, had 201, keep the above money in custody on behalf of the victim by allowing H who is an accounting employee, to manage it in the above office or deposit it into H and I’s personal account, without obtaining KRW 5,12,00,000 from the above apartment occupant, and the total amount of KRW 33 households, from the office of G building 2nd D Co., Ltd., as indicated in the attached Form No. 1, the Defendant received from the above apartment occupant, and omitted the report to the victim.

From May to June 2006, the Defendant paid KRW 20,000,000 from the money created as above to five to six times for personal hospital expenses, surgery expenses, etc. of J from October 24, 201 to October 24, 201, the Defendant voluntarily paid KRW 164,726,000,000 in total on 22 occasions in the same manner as in the attached crime list of crimes in the same manner as shown in the attached list of crimes, and voluntarily consumed the Defendant’s living expenses, etc. in the process of purchasing the shares of J and M, the creditor of provisional attachment of the victim’s representative director, who was the creditor of the compensation for the construction expenses of L: (1) by deviating from the scope permitted by the Defendant’s representative director’s subrogation to the Defendant; (2) by means of voluntary payment toO as a horse for the Defendant’s personal accusation in the process of purchasing the shares of K.

Accordingly, the Defendant embezzled the sum of 164,726,00 won of the victim's property.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Statements made by witnesses N and H in the seventh trial records;

1. The first and second statements made by the police in relation to H;

1. Application of Acts and subordinate statutes governing e-mail correspondence;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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