logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.01.12 2015고정2321
업무상횡령
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the chairperson of Guro-gu Seoul Metropolitan Government Office Office Office for Management of Officetel (hereinafter referred to as the "Management Office"), and the defendant is a person who manages the officetel's account with which the management expenses of the officetel are deposited, and keeps and manages the office jointly with the general manager.

On January 2015, the Defendant received a notice of the result of the disposition that a fine of KRW 1 million was requested for a summary order against the Defendant’s defamation case (Seoul Southern District Prosecutors’ Office 2014 type No. 56819) against his own residence, Guro-gu Seoul District Prosecutors’ Office (Seoul Southern District Prosecutors’ Office 2014 type No. 56819), which is his own residence, and tried to request formal trial.

On January 12, 2015 and March 10, 2015, the Defendant presented at the meeting of the above Officetel Steering Committee the agenda that three million won for the above formal trial should be paid from the officetel management expenses to obtain a resolution of the Steering Committee accordingly.

On April 3, 2015, at around 11:19, the Defendant embezzled the fee of KRW 3.3 million to E, a manager of the office of management, to transfer the fee of his defense counsel to a new bank account in the name of attorney F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A complaint;

1. Minutes of each operating committee:

1. Application for formal trial;

1. Application of Acts and subordinate statutes on transfer receipts;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., the confession and rebuttal of the defendant, the circumstances leading to the embezzlement, the recovery of damage, etc.);

arrow