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(영문) 서울중앙지방법원 2017.05.10 2016고정4435
업무상횡령
Text

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

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

Reasons

Punishment of the crime

The defendant, as the chairperson of the Gangnam-gu Seoul Metropolitan Council for Residents' Representatives, was in charge of meetings for decision-making of the above apartment, and was engaged in overall affairs concerning the management of the above apartment.

around June 2013, the Defendant received management expenses from the above apartment management office and embezzled 7,24,640 won in total for personal use around that time after receiving 36,200 won exceeding 30,000 won for the purpose of business promotion expenses under the above apartment management rules while he kept the management expenses for the above apartment apartment in business for the above apartment occupants. The Defendant spent 36,200 won for the purpose of business promotion expenses around that time, and used 36,200 won for personal use from around that day to May 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to information about progress, points out and measures taken as a result of the investigation into the actual conditions of management of multi-family housing, and extraction, investigation and report following a request for investigation into the management performance

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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