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Reasons
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(영문) 대전지방법원 2020.02.13 2018고정1027
업무상횡령
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Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From early 2014, the Defendant, as a manager of the Daejeon Middle-gu Condominium Group B, has been engaged in management, such as collecting rent from tenants, maintaining and repairing buildings, etc.

On November 2014, the Defendant received KRW 200,000 per month from D, a tenant of “B building”, and stated that he/she received KRW 1.50,000,000,000,000,000,000, excluding management expenses KRW 50,000,000 in the facts charged. However, the prosecutor deemed that he/she embezzled management expenses, excluding KRW 50,00,000,00 in the monthly rent 200,000 received by the Defendant, and then changed the indictment with KRW 3.85,00 (19 x 150,00) other than management expenses.

This part shall also be amended in accordance with the Amendments to Bill of Indictment.

The victim E, who is the owner of the above subparagraph C, used the personal use, such as living expenses, etc., at the scene of Daejeon or lower around that time, and embezzled it, and used the same method for a total of 19 times from around that time to May 2016 and embezzled KRW 2.85,00 in mind.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, and D;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and D;

1. Application of the Acts and subordinate statutes on the real estate lease contract to the criminal place, a copy of the register, one submitted document, and one copy; and

1. Relevant laws concerning criminal facts, Articles 356 and 355 (1) of the Criminal Act that choose a penalty, and the choice of a fine;

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The main point of the argument is 200,000 won, among the 200,000 won that the defendant received, the rent is 100,000 won.

The amount that the defendant received from the tenant D in C is 16 months to 3.2 million won.

The facts charged are not “from November 2014 to May 2016” but “from January 2015 to May 2016.”

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