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(영문) 인천지방법원 부천지원 2016.06.15 2016고정573
업무상횡령
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From August 2014, the Defendant, as the representative of residents of the “D” located in Seocheon-gu, Seocheon-gu, Incheon, has been engaged in the management expenses and enforcement of the D's loan, and the storage and enforcement of defective repair money for the occupants, such as D owner E, etc.

around April 17, 2015, the Defendant received KRW 8,076,580 from the Seoul Guarantee Insurance Co., Ltd. for repair of defects, such as water leakage and rooftop waterproof construction, from the Defendant’s bank account (F) and transferred KRW 7,076,580,000, excluding KRW 1,000,000,000, which was used as the expense for requesting the guarantee insurance claim, to the Defendant’s bank account (G) account in the name of the Defendant on April 24, 2015, and deposited KRW 3,50,000,000, including the remaining money remaining after paying KRW 3,576,580, to the Defendant’s bank account in the name of the Defendant.

Accordingly, the Defendant embezzled 3,576,580 won owned by the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law to the statements made by the police in each police protocol against E, H, I, and J;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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