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(영문) 창원지방법원 통영지원 2017.12.14 2017고단709
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The prosecutor initially prosecuted the defendant with fraud and embezzlement, but applied for the amendment to Bill of Amendment to Bill of Indictment for the selective addition to the charges of occupational embezzlement with respect to both fraud and embezzlement, and the court permitted this.

From April 2014 to October 31, 2015, the Defendant, as the autonomous chairperson of macro-si apartment (hereinafter “C apartment”), engaged in the fund management of C apartment. In particular, since around April 2014, when D apartment construction was conducted in the vicinity of C apartment, the Defendant discussed the payment of E and compensation to the construction business company and E in relation to various issues, such as noise generated at the construction site.

A. From August 25, 2014 to September 9, 2014, the Defendant appears to have made a clerical error on August 25, 2014, in order to manage the Agricultural Cooperative Account (Account Number F) in the name of C Apartment Management Office, and to pay the management expenses of officetels owned by the Defendant himself/herself while keeping the money deposited in the said account for C apartment residents, as the chairperson of C Apartment Resident Representative Meeting.

On September 16, 2015, 50,000 won and 3 million won on September 16, 2015, the accounting office of the apartment complex was required to transfer the money to G in the name of the attorney-at-law (the defendant and the defense counsel acknowledged the embezzlement of the above money and denied the embezzlement of the business while recognizing it, but the defendant's personal consumption of the money deposited in the name of the C apartment management office as the chairperson of the C apartment apartment tenant representative council constitutes occupational embezzlement. Therefore, the defendant's and the defense counsel's above assertion is not accepted). (b) On December 30, 2014, the defendant committed the crime committed on or after December 30, 2014 and "the placement of safety personnel and compensation for the C apartment 1, 2,000,000 won for the defendant's intrusion," respectively.

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