(영문) 대전지방법원 2018.01.23 2017고단4298

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2018.01.23 2017고단4298

업무상횡령

Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

From January 1, 2008, the Defendant was in charge of the accounting, administration, facility maintenance, and management of the above apartment, as the managing director of the apartment complex C, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and had withdrawn and executed all the expenses for the above apartment management from the non-account of the meeting for the representative of the occupants of the above apartment (CFD) and the long-term repair appropriation fund account (CFE).

On September 2, 2011, the Defendant embezzled the property of the victim by withdrawing KRW 1 million from the account for the above long-term water line appropriation fund from the North Korea branch in the Geumsan-gun, Geumsan-gun, Geumsan-gun and using it for the repayment of personal debts around that time while working for the representative meeting of the apartment occupants of the above apartment, and then using it for the repayment of personal debts at that time. From that time until August 28, 2017, the Defendant embezzled the property of the victim by withdrawing KRW 71,074,90 in cash or by transferring it to the Agricultural Cooperative account under the name of the Defendant by transferring it to the Agricultural Cooperative account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in each protocol made to the F;

1. Statement of investigation report (Attachment of details of long-term repair allowances);

1. Application of the statutes in relation to investigation reports (Attachment of the details of general management expenses);

1. Relevant legal provisions for criminal facts, Articles 356 and 355(1) (including a comprehensive) of the Criminal Act, the grounds for sentencing of sentence of imprisonment [the scope of the recommended sentence] Class 1 of the Criminal Code, and there is no person [the person who is subject to special sentencing for April-1 year-4 months] in the basic area (the period from April-100 to April] [the decision of sentence] [the person who is subject to special sentencing] [the decision of sentence] reflects the nature of the crime committed over a long period, the amount of damage caused by property, the victim’s strict amount of punishment

참조조문

-형법 제355조 제1항

-형법 제356조

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