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(영문) 서울중앙지방법원 2015.06.04 2015고단1708
업무상횡령
Text

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

Reasons

Punishment of the crime

The defendant is a person in charge of the management of electricity, water supply, management expenses, etc. that he/she received from tenants while engaging in the affairs of building management of the Gu and the Gu and the D commercial building.

From April 10, 2012 to June 13, 2012, the Defendant: (a) transferred an amount equivalent to KRW 2,824,987 in total on six occasions as shown in attached Table 1 to the Agricultural Cooperatives (Account Number H) accounts in the name of the victim Eagricultural cooperative and the Foundation G from the victim Eagricultural cooperative and F; and (b) kept in the business for the victim E agricultural cooperative and F; and (c) from February 18, 2012 to June 12, 2012 to the Defendant’s account in the name of the said Foundation G from February 19, 201 to June 13, 2012, the Defendant deposited the total amount of KRW 11,724,619 in total as stated in attached Table 2 of Crimes List 1, and embezzled the amount of KRW 10,824,987 in total for the payment of electricity taxes, waterworks and management expenses, to Defendant 1, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement to I and K;

1. Details of account transactions in the name of the Foundation G, and payment statement of electricity taxes;

1. Application of Acts and subordinate statutes to report on investigation (report on the result of execution of a warrant of search and seizure and specific report on embezzlement);

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. Among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act [the scope of recommending punishment] and the basic area (from April to April 1) (the decision of sentencing) of category 1 (the amount less than KRW 100 million) (the decision of sentencing] does not have to recover from damage even though the amount of damage is not considerable. However, the defendant reflects the crime, and the defendant is the same as the defendant.

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