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(영문) 부산지방법원 2019.05.08 2019고정52
업무상횡령
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From August 2013 to July 2016, the Defendant has been engaged in the management of buildings and the collection of monthly taxes and management expenses as the manager of the victim C's room located in Busan B-gu.

On August 18, 2016, the Defendant received monthly KRW 400,000 from the revenue to the account (E bankF) used by the Defendant, and consumed the money for personal use at the Busan city where he was in custody for the victim around that time.

The Defendant consumed a total of KRW 3,603,000 from around that time to December 11, 2017.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court (as at the third date for pleading);

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to all the registered matters, and banking transaction statement;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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