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(영문) 서울북부지방법원 2018.05.17 2018고단297
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From March 2013, the Defendant had been engaged in the management of the instant apartment as a management warden of the Jung-gu Seoul Metropolitan Government apartment (hereinafter “instant apartment”) from March 2013.

1. On September 10, 2013, the Defendant: (a) leased 10 square meters of the apartment rooftop of this case to the ELS Co., Ltd., under the pretext of installing communications facilities; (b) agreed to receive rent of KRW 2.5 million each year from the LOS, LOS, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, and (c) received rent of KRW 2.5 million from LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LO, LOO, LOO, LOO, and M.

2. Around May 2, 2016, the Defendant embezzled KRW 14,062,50 in total five times from that time until September 6, 2016, when he/she arbitrarily withdraws management expenses by means of remitting KRW 2,812,50 from the above management expenses to the national bank account (F) in the name of the Defendant’s name, and embezzled by using the payment of personal loans, as in the following cases: (a) the Defendant embezzled the management expenses for a total of KRW 14,062,50 in total on five occasions, such as the second anniversary of the list of crimes, from that time to September 6, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. The above entrustment management contract;

1. A real estate lease agreement;

1. A detailed statement on the entry into and departure from the C apartment profit account;

1. Details of gold transactions with a national bank;

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