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(영문) 인천지방법원 2013.05.10 2013고정468
횡령등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the chairperson of the Individual Heating Promotion Committee established to convert the individual heating system of Jung-gu, Incheon.

On September 19, 2012, the Defendant received the deposit of individual heating construction cost from the residents of the above apartment, and kept and managed it, to the victim C and the representative of occupants D, who are the head of the above apartment management office, “the head of a passbook is required to receive and manage the construction cost to the residents,” and was delegated to the head of the above management office and the representative of occupants, with the role of managing the B apartment unit heating construction cost, and was assigned the passbook under the name of the “B apartment occupant representative meeting (Account Number E).

On September 28, 2012, the Defendant, while having kept the money transferred to the said passbook as a group of individual heating construction costs, deposited KRW 1.5 million by preparing and presenting the withdrawal money ticket to the bank members in the name-free bank located at the Jung-gu Incheon National Agricultural Bank of Korea, Jung-gu, Incheon, and embezzled by using it as living costs, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C or D;

1. Application of the statutes to a copy of the NongHyup Bank (F);

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Facts charged;

A. At around 20:00 on October 24, 2012, the Defendant assaulted the victim C, who is the head of the Dong apartment management office in the office of Jung-gu Incheon Jung-gu Office, Incheon, that “the victim is able to make a public announcement of tender by a resolution of the resident representatives,” on the ground that he did not accept his request, on the ground that he did not accept his request, and attempted to take the victim’s face on the ground that he did not take the victim’s seat with his left hand.

B. On November 2, 2012, the Defendant is on the rank around 20:25.

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