logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.05.25 2016고정621
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 May 1, 2006 to April 30, 2014, the Defendant, while serving as the chairperson of the council for the representatives of occupants of the Namyang-si apartment, took overall charge of apartment management affairs.

1. On December 27, 2007, the Defendant, at the management office of the above apartment, embezzled KRW 5,002,159, the apartment management funds transferred by the former president for the purpose of the occupant of the apartment for the occupant of the apartment. Around that time, the Defendant had been voluntarily consumed for the personal purpose of the Defendant.

2. On October 27, 2011, the Defendant, at the above apartment management office, embezzled the amount of KRW 11,130,872 of the termination refund received on behalf of the victim, while he/she voluntarily consumed for his/her personal use at around the time while he/she was under the custody of the victim, while he/she was indicted as “the account number” in the name of the C apartment occupant representative meeting in which female membership fees, etc. were deposited.

3. On August 31, 201, the Defendant withdrawn management expenses of KRW 1,520,000 deposited in the above apartment management office, and embezzled by arbitrarily consuming the management expenses for the victim’s personal use during his/her occupational storage.

Summary of Evidence

1. Statement by the defendant in court;

1. The part concerning each of the E and F statements made to the defendant by the prosecution during the interrogation of the suspect;

1. Statement of the police statement related to G (patch No. 91);

1. Application of the Act and subordinate statutes to the audit report, the entry and analysis of magazines, the E (the miscellaneous passbook at the representative of occupants), the check of the terminated account, the H (raid passbook), the statement of transaction, the copy of the confirmation, and the copy of the head of passbook cover;

1. Relevant provisions of the Criminal Act, Article 356 of the Criminal Act, and Article 355 (1) of the Criminal Act, which provide for the choice of punishment for the crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.

arrow