(영문) 서울남부지방법원 2015.12.14 2015고단4604

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(영문) 서울남부지방법원 2015.12.14 2015고단4604

업무상횡령

Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Criminal facts

From October 1, 2014 to August 15, 2015, the Defendant has been engaged in the duties such as the collection of management fees, etc. for apartment residents as the accounting principal of the Guro-gu Seoul apartment management office.

However, on November 2014, the Defendant deposited KRW 19.9 million in the passbook (D) in the name of the National Bank in the name of the council of occupants' representatives, which was received as management expenses, from the occupants of the victim C apartment in the early police officer, and kept for the victims on his/her duty. The same month is the same.

7. At least 978, the Defendant’s transfer of the said money to the Nonghyup Bank (E) passbook in the name of the Defendant at a point in the broad distance of the Korean Bank located in Mai-si, Ori-si, the said money was consumed for personal purposes. From around that time to July 10, 2015, the sum of KRW 65,90,000,000 to the account in the name of the Defendant and the Nong Bank (G) account in the name of the F was arbitrarily consumed by means of arbitrarily transferring the said money to the account in the name of the Defendant or withdrawing cash.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. Application of Acts and subordinate statutes on embezzlement;

1. The grounds for sentencing under Articles 356 and 355(1) of the Criminal Act [the scope of recommending punishment] (the scope of occupational embezzlement) and the basic area of sentencing under Article 356 and Article 355(1) of the Criminal Act: April-1 and April [the decision of sentencing] None [the decision of sentencing] [the defendant shall be sentenced to imprisonment with prison labor] taking into account the following factors: the background leading up to the occurrence of the instant crime, the amount of damage, the amount of damage, whether damage was recovered (the repayment of KRW 33,00,000) and other factors revealed in the oral proceedings, including the defendant's age, character and conduct, family relationship, criminal records, and the circumstances after the crime.

It is so decided as per Disposition for the above reasons.

참조조문

-형법 제355조 제1항

-형법 제356조

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