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Reasons
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(영문) 서울동부지방법원 2016.04.28 2015고단2919
업무상횡령등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant was engaged in the business of occupational embezzlement from January 2012 to December 18, 2014 in the business of operating D, a company that manages the households from 201 to 254 households from 201 to 254, Seoul Gwangjin-gu, Seoul Special Metropolitan City building 201 to 254, collecting and keeping the management expenses from the occupants, and paying the management expenses in accordance with the items on which the management expenses are imposed.

From January 2013 to December 2014, the Defendant stated “23,903,470 general management expenses, 254,650 won, Internet fees, 4,032,560 won, urban gas fees, 5,381,210 won, including the sum of KRW 3,542,140, cleaning fees, KRW 3,528,580, and KRW 40,642,610, which is the sum of KRW 3,642,610, and KRW 40,642,610, which is the sum of KRW 40,642,610, and KRW 3,528,610, which is the second floor of the instant C building from 54, who are the occupants from 201 to 2544, and even if it is corrected without any amendment to the indictment, it shall be corrected ex officio as above.

The remittance received the transfer and embezzled the employee's pay, personal debt repayment, living expenses, etc. while working for the victims.

2. Although the Defendant terminated management duties over the second floor of the C building on December 18, 2014, the Defendant embezzled the said C building by voluntarily consuming it from December 19, 2014 to May 19, 2015, 204, 204, 213, 214, 216, 219, 224, 231, 234, 235, 240, 240, 242, and 2444, the victim 12, who was the occupant of the said C building from around December 19, 2014, for the sake of 2,193,000 victims as management expenses, by means of an error.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant in the third public trial records;

1. A protocol concerning the examination of the accused by the prosecution (the first and second examinations);

1. Statement protocol of the police with regard to E (1, 2 installments);

1. Investigation report (specific relation to the amount of embezzlement of a suspect), investigation report (to hear statements from the reference witness F phone);

1. The unpaid management expenses, the list of total imposition amounts, and C building management expenses;

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