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(영문) 서울동부지방법원 2019.02.13 2018고단3598
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From September 2012 to October 2017, the Defendant managed management expenses, etc. as a de facto occupant representative of the B apartment in Gwangjin-gu, Seoul, and 18 victims C are apartment occupants.

On September 28, 2012, the Defendant: (a) received management expenses, rooftop rent (for the installation of KT antenna), parking expenses, etc. from the Defendant’s national bank account from the Defendant’s office to the Defendant’s national bank account; (b) received the request from the children operating the insurance agency to withdraw and borrow money from the management expenses to pay for insurance to the victims; (c) withdrawn KRW 2,000,000 from the management expenses to E; and (d) voluntarily consumed them.

In addition, from around that time to October 28, 2017, the Defendant withdrawn a total of KRW 81,160,000 through 72 occasions, such as the crime sight table, and subsequently arbitrarily consumed the amount for the purpose of paying for the E insurance money, repaying loans, living expenses, etc.

Accordingly, the defendant embezzled the victim's property in collusion with E.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. A person who selects imprisonment and commits a prison labor in light of the criminal amount and unexploited amount (26,104,044 won), which are the primary reason for sentencing, and the reason for sentencing for sentencing (selected to imprisonment) under Articles 356, 355(1), and 30 (Optional to Imprisonment) of the Criminal Act;

The term of punishment shall be determined by comprehensively taking into account other favorable circumstances (the first crime) and unfavorable circumstances (the continuous crime of long-term).

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