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(영문) 춘천지방법원 2013.10.10 2013고단650
업무상횡령
Text

A defendant shall be punished by imprisonment for six 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

The Defendant, from August 1, 2005 to March 14, 2013, worked as an accounting principal at the management office of Chuncheon C Apartment, and was in charge of the management of apartment management expenses.

When the Defendant bears a loan amounting to approximately KRW 30,00,000 from a lending company, the Defendant and the Defendant’s husband’s husband’s payment alone makes it impossible to cover the interest on the above loan and the use of credit card, which was the victim, paid money from the management expenses account to withdraw money from the management expenses account and use it for credit card use.

On November 12, 2010, the Defendant embezzled 13,397,760 won in total on 12 occasions from the above date to February 7, 2012, when he voluntarily consumed the amount of credit card used by the Defendant’s husband and embezzled the amount of KRW 12 times from the new bank account in the name of the victim, which is the deposit account for apartment management expenses in the above apartment in the name of the victim, which was kept by the Defendant at the Chuncheon-si branch of the Chuncheon-si, Chuncheon-si. In addition, the Defendant embezzled the amount of KRW 3,00,00 in cash from the new bank account in the name of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the statement prepared by the police against D;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., the reasons for the suspended sentence) (see, e.g., the decision of a sentence); the crime of embezzlement; the first category (special sentencing): the recovery of significant damage (a decision of the recommended area); the mitigation area; the mitigation area; and the period of suspended sentence for not more than

1. Grounds for major participation: Unagreement, recovery of significant damage, etc.;

2. Reasons for general participation: Criminal records of repetitive crimes, serious reflectivity, or suspension of execution or more;

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