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(영문) 수원지방법원 2017.08.17 2016고단7492
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On February 2, 2010, the Defendant is a person entrusted by the Victim C with the management of the lease of the studio building in the Fudio population owned by the Victim C.

On February 2010, the Defendant, while engaging in the management of the building above, received deposits, monthly rents, electricity charges, etc. from tenants and deducted various management expenses, such as regular inspections of elevators, public charges, and benefits of victims, and transferred the remaining money to the victims. However, the Defendant, while carrying out the management of the building above, received money, monthly rents, electric charges, etc., and received money from the tenants,

On April 3, 2010, the Defendant arbitrarily consumed KRW 68,587,746 for personal purposes, such as living expenses, while keeping KRW 3,00,00,00 in custody of the occupants G above F 406. From around that time to August 31, 2015, the Defendant collected KRW 169,194,618 in total from the tenants, as shown in the list of crimes in the attached crime list, and subsequently voluntarily consumed KRW 100,60,606,87,746, which remains after deducting the total of the expenses for building management, public charges, and the victim’s wages.

As a result, the Defendant embezzled total sum of KRW 68,587,746, such as deposit, etc., which was in business custody for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness H;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A document submitted by the person under consideration (a certified copy of real estate register, details of account transactions, fact confirmation, withdrawal of petition, etc.);

1. All of the criminal investigation reports (Submission of additional data by a complainant) and accompanying data;

1. A report on investigation (Submission of suspect additional data), a written statement of performance, a written complaint, and a statement of account transactions;

1. Details of outstanding deposits;

1. All data to be submitted and data attached thereto;

1. A criminal investigation report (report accompanied by details of account transactions in the name of a suspect and an complainant);

1. In all of the data attached thereto, investigation reports (the details of use of building management expenses, etc. submitted by the I by the manager of a new building of F) and accompanying documents;

1. A report on investigation (a report on confirmation of the suspect's embezzlement, amount, etc.);

1.The details of the complaint and the accounts attached thereto, monthly pay details;

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