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(영문) 의정부지방법원 2017.03.28 2017고단59
업무상횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From June 3, 2013 to May 31, 2016, the Defendant was in charge of accounting of the imposition of management expenses, civil petition telephone, payment of employee benefits, etc. at the management office of the Gu-si apartment complex, and did not actually purchase the volume-based plastic garbage bags paid to apartment security guards. However, the Defendant received money from the head of the Tong under the pretext of purchasing the said volume-based plastic garbage bags under the pretext of purchasing the said volume-based plastic garbage bags, and received the payment of money from the management expenses under the pretext of purchasing the previous volume-based plastic garbage bags, and then forged the receipt under the name of the “E” which was kept by the management office of the said management office and received it after purchasing the said volume-based plastic garbage bags, and received the said money for personal purposes

1. On October 24, 2014, the Defendant: (a) passed a resolution to disburse KRW 270,000 for the purchase price of the above-standard plastic garbage bags at the management office around October 24, 201; and (b) then withdrawn KRW 270,000 owned by the occupants of the victim D apartment units from the Agricultural Cooperative Account (Account Number (F) in the name of D apartment units after obtaining approval from the head of the management office and the occupant management president; and (c) was kept in custody of the said management office on November 17, 2014.

E In a way of copying the date of erroneous payment from another receipt on the date of the receipt for the purchase of standard plastic garbage bags purchased in E, a new receipt was made on November 17, 2014, as if the goods equivalent to KRW 270,000 were purchased from E to E, and a false documentary evidence was made by filing it with the documentary evidence as evidence on the pre-scept file. From then to April 26, 2016, the amount of KRW 270,000 in the name of the purchase price for standard plastic garbage bags that were withdrawn and kept as above was consumed voluntarily for personal purposes, such as cost of living, etc., from then to time of the government-Si, from then to April 26, 2016, embezzled total of KRW 5,436,800 on a total of 22 occasions, as shown in attached Table 1 of Offenses of Crimes.

2. The Defendant, who forged a private document and exercised a falsified document, was in custody for the purpose of uttering at the management office or with no authority around October 24, 2014;

E.

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