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(영문) 의정부지방법원 고양지원 2013.05.16 2013고단104
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, from around 2003 to October 8, 2009, was engaged in the accounting affairs such as the profit and expenditure of the entire C building, as the managing director of the C building management body, the victim in the Goyang-dong-gu Seoul Metropolitan City B.

From December 24, 2003 to September 4, 2009, the Defendant deposited a total of 70,380,000 won for rooftop lease from sk telecom, kburur and LGplus to 10, and transferred 2,50,000 won to 60,000 won for personal account of the City Bank Management Fee (D) in the name of the Defendant, such as the transfer of the Defendant’s personal bank account (E) around December 26, 2003 from around December 26, 200 to September 9, 200, the Defendant transferred the KRW 2,50,000 to 2.5 million for the personal account of the City Bank in the name of the Defendant from around December 26, 200 to around September 26, 200. However, the amount stated in the column of won by dividing the amount recorded by 10,000, and corrected the amount recorded in the column of won).

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to F and G;

1. Application of Acts and subordinate statutes of each specification of transactions;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense (or, collectively, the choice of imprisonment);

1. Article 62 (1) of the Criminal Act (Consideration of the agreement with the victim);

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