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(영문) 인천지방법원 2016.12.14 2016고단7397
업무상횡령
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who served as the head of the dispatched management office in Incheon Gyeyang-gu Office from March 1, 2014 to January 20, 2016 and performed duties, such as the collection of management fees and public charges.

1. On August 13, 2014, the Defendant embezzled the management expense account: (a) deposited the management expense paid by the resident of the victim into the management expense account at the Incheon Gyeyang-dong’s transfer site; (b) voluntarily withdrawn KRW 1,600,000 while performing the duties for the victims; and (c) embezzled it by using the stock investment and living expenses, etc.

The Defendant embezzled 62,690,000 won over 65 occasions from August 13, 2014 to November 19, 2015, as shown in attached Table 1, by using the same for personal purposes as shares investment and living expenses.

2. On August 29, 2014, the Defendant embezzled the elevator usage fee account by depositing the elevator usage fee paid by the victim’s occupants into the account at the above Doctrine Nong Agricultural Co., Ltd. transfer site, and arbitrarily withdrawing KRW 700,000 during the course of business custody for the victims, and embezzled it by using stocks investment and living expenses, etc.

The Defendant embezzled 5,650,000 won over nine occasions from August 29, 2014 to October 1, 2015, as shown in attached Table 2, from around August 29, 2014 to around October 1, 2015, using the same for personal purposes, such as stock investment and living expenses.

3. On November 12, 2014, the Defendant embezzled the transfer advance account: (a) deposited management expenses to be paid in advance form at the point of transfer of the victim’s moving-in at the point of transfer of the said in advance form; (b) voluntarily withdrawn KRW 150,000, while conducting business for the victims; and (c) embezzled it by using stocks investment and living expenses, etc.

The Defendant, as seen above, is recorded in attached Table 3 from November 12, 2014 to December 16, 2015, including the embezzlement.

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