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(영문) 대전지방법원 2016.08.30 2016고단992
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From July 2012 to September 2014, the Defendant is a person who served as a management warden of “D commercial building” located in the voice C of Chungcheongbuk-gun from July 2012.

1. Occupational embezzlement;

A. On April 14, 2013, the Defendant received KRW 288,300 from the victim E, the main owner of the commercial building, to use the unpaid amount for the payment of the commercial electricity charges in the past, and received KRW 288,300 from the Agricultural Cooperative account in F, as well as paid KRW 34 times from April 15, 2014 to April 15, 2014, three victims E, etc. under the same name, such as the victim E, etc., for 34 times, such as the attached list of crimes (I), and used the said money for the same period, while being kept for business purpose, in order to pay the unpaid electricity charges, the Defendant used the said money for the electricity charges and used it as the Defendant’s living expenses, etc.

As such, the Defendant embezzled the total amount of KRW 9,794,200 owned by the victims in breach of occupational duties.

B. Around June 2014, the Defendant received approximately KRW 4,000,000 from the shop owners entering the said D commercial building for the purpose of emergency power generation repair expenses, and disbursed KRW 1,00,000,000 around September of the same year and KRW 830,000 around November of the same year as repair expenses for power generation, and voluntarily consumed KRW 2,170,000 as the Defendant’s living expenses, etc.

As such, the Defendant embezzled KRW 2,170,00,000 owned by the occupying shop owners in breach of occupational duties.

2. Since the Defendant, as the manager of the D shop, is in charge of the business of receiving and disbursing the management expenses paid by 15 shop owners, including the victim G, etc., the Defendant is obligated to impose the minimum management expenses necessary for the management of the shop, and the management expenses paid by the shop owners shall be paid to the shop owners.

Nevertheless, the defendant violated his duties and around August 2014.

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