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(영문) 수원지방법원 성남지원 2018.11.13 2018고정286
업무상횡령
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From November 2010 to November 2016, the Defendant was engaged in the management of the second floor building and the second floor building in Gwangju City owned by the victim clan as the chairperson of the victim B clan (hereinafter referred to as the "victim clan") from November 2010 to November 201.

On November 8, 2016, although E was appointed as a new president of the Victim's clan, the Defendant asserted the appointment of the president and decided to use it voluntarily by receiving monthly payment from the foreign revenue of the above building who did not know such fact.

1. On December 2016, the Defendant: (a) received cash amounting to KRW 750,00 from the G of the said F Family House tenant G for three months (from September 2016 to November 2016) from the said F Family House tenant G and embezzled the said money by using the said money individually and voluntarily around that time.

2. On January 2017, in front of the building H heading office of the building in the building in the building in the building in the building in the building in the building in the building in the building in the G in the G in the G in the G in the Daegu-si, Gwangju-si, the Defendant 1,50,000 won in cash for the victim’s clan as the monthly rent for six months (from August 2016 to January 2017) from J and embezzled the said money by using the said money individually and voluntarily around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of interrogation of the suspect to the prosecution against the accused (including K substitute part);

1. Statement made to K in the police statement;

1. The complainant (the defendant and his defense counsel had been in custody of part of monthly rent by the revenue collector) asserts that one million won among them was lost or stolen, and the other one million won, while the other one million won was in custody, the defendant first disbursed the necessary money for the members' vehicle expenses, meal expenses, etc., and then appropriated the above money in cash. The remaining 2.50,000 won, the defendant first disbursed the money as the meal expenses of the paper members and later appropriated it in cash, and the defendant did not have any intention to acquire unlawful profits.

l.p. g., p.

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