logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.08.08 2013고단1774
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 1, 2004 to October 12, 2012, the Defendant has been engaged in the disbursement of management expenses at the management office of Suwon-si, Suwon-si, and has managed the accounts of community credit cooperatives (Account Number:D), which are the accounts of C apartment management expenses, and kept the management expenses paid by the above residents of the apartment for their business purposes.

1. Around March 25, 2008, the Defendant released KRW 40,500 from the accounts of community credit cooperatives under the name of the C apartment management office at Suwon-si, Suwon-si, which are located in Suwon-dong, for national pension, from the accounts of community credit cooperatives under the name of the C apartment management office, and used KRW 2,250 among them for personal purposes, such as living expenses of the Defendant around that time, and consumed KRW 12,98,190 in total over 104 times from that time until October 4, 2012, as stated in the [Attachment Table 1] of the Defendant’s living expenses by the same method. Accordingly, the Defendant embezzled the victim’s property. Around October 24, 2008, the Defendant embezzled the victim’s property from the accounts of the C apartment apartment management office to the time of using it for personal purposes, including the Defendant’s living expenses, from that time on which he withdraws KRW 161,500 under the name of the C apartment management office.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes concerning the details of transactions by account;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. It seems that Article 62(1) of the Criminal Code of the suspended execution is against the defendant and it was caused to commit the crime of this case for the purpose of basic living, etc., and the motive of the defendant can be considered.

arrow