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(영문) 부산지방법원 2014.02.13 2013고단7767
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

The defendant has embezzled 180,503.

Reasons

Punishment of the crime

From June 1, 2004 to August 31, 2012, the Defendant, as the head of Busan Jung-gu Office of Management of Officetel, has been engaged in the management, maintenance, and repair of officetels, collection and execution of management expenses, etc. under the delegation of the said officetel operating committee as the victim.

On October 2004, the Defendant received management expenses of KRW 144,810 from a revenue in cash who had resided in the above officetel 1037 from a revenue in the above officetel 1037 and used them for the business purpose of the above Steering Committee. Around that time, the Defendant used them for personal purposes in the above officetel 1037.

In addition, from around that time to May 2012, the Defendant spent the total of KRW 180,503,532 in the management expenses owned by the Operation Committee of the Damage Office, which the Defendant kept for the victim by the same method over a total of 1129 times, as shown in the attached list of crimes, in the manner of living expenses, etc. in the Defendant’s residence and the place of Busan city.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D, E, or defendant;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes concerning the current status of amounts receivable on the filing of an accusation, deposit sheet, written confirmation, written confirmation, computerized imposition/receiving/receiving accounts, and management fees collected by computer;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Although there are favorable grounds for sentencing, such as: (a) the Defendant’s depth is against the reason for sentencing under Articles 25(1) and 31(1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Compensation Orders; and (b) the Defendant has failed to receive retirement allowances from the victim for a considerable period of time; (b) the instant crime was committed repeatedly for a considerable period (the defense counsel’s assertion that the statute of limitations has been completed for certain crimes

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