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(영문) 울산지방법원 2019.02.21 2018고단3343
횡령
Text

Defendant

A shall be punished by a fine of KRW 700,000 and by a fine of KRW 500,000.

Defendant

A and D shall be subject to each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the former director of the F apartment management office in Ulsan-gun, Ulsan-gun, the former director of the F apartment management office, Defendant B is the former representative of the above management office, Defendant C is the management officer of the above management office, Defendant D and Defendant E are the former management officer of each of the above management office.

On December 2016, the Defendants conspired to take part of the closed wires managed and kept by the Defendants, which were managed and kept by the Defendants, on the ground that the said F apartment was flooded due to typhoon immediately in 2016, and the electric wires that supply electricity to the said F apartment are replaced, and the waste wires owned by the victims F apartment occupants are loaded in the underground parking lots, etc. of the said F apartment, such as underground parking lots of the said F apartment.

On December 4, 2016, the Defendants ordered Defendant C, D, and E to gather approximately KRW 200 kilograms of waste cables from the market value of the victim’s possession to the warehouse of the above F apartment G-based G parking lot. Defendants C, D, and E around that time: (a) around that time, each night watch was set up from January 2017 to January 201; and (b) around January 4, 2017, Defendant B sold the waste cables owned by the above victim to the above warehouse; (c) around that time, Defendant C, D, and E sold the waste cables to the above owner of the goods company at KRW 1,030,00 in total; and (d) around January 4, 2017, Defendant B sold the waste cables owned by the above victim to the manager of the goods company.

Accordingly, the Defendants conspired and embezzled the victim's property.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of police statement to J, H and I;

1. Application of Acts and subordinate statutes to the closed cable photographs, measurement certificates, specifications of transactions, and documents on the details of passbooks in Defendant B;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Defendant A and D with detention in a workhouse: Article 70(1) and (3) of the Criminal Act.

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