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(영문) 서울북부지방법원 2013.12.11 2012고단3240

업무상횡령

Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

Provided, That the above punishment shall be imposed against Defendant A for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who has been engaged in the management, etc. of public funds for the occupants of apartments in this case as the president of the council of occupants' representatives from January 2007 to May 2012, 201, and was sentenced to imprisonment for four years from the Seoul Northern District Court to August 29, 2012, and the said judgment became final and conclusive on January 11, 2013.

Defendant

B is a person who works as the head of the apartment management office from July 2008.

1. When Defendant A intends to use the fund deposited in the deposit passbook of the council of occupants' representatives on the apartment case, it shall use it for its original purpose after preparing a written disbursement resolution and affixing an auditor's seal thereon;

However, as the defendant needs funds, such as business operation funds, the defendant thought that he arbitrarily used apartment complex funds without the above resolution.

around September 16, 2009, the Seoul Guarantee Insurance Co., Ltd. (1) deposited KRW 30,606,791 of the apartment defect repair deposit in this case as the head of the national bank in the name of the residents' representative council in this case.

On the 17th day of the same month, the defendant ordered the above B to transfer the deposit money to the passbook in the name of the National Bank.

In addition, on September 22, 2009, G company deposited 41,881,000 won of the apartment defect repair in this case as the head of the national bank bank in the name of the council of occupants' representatives.

On the same day, the defendant ordered the above B to transfer the defect repair money to the passbook in the above name of the national bank.

On September 23, 2009, the Defendant transferred KRW 70 million out of the above money to the head of Tong in the name of Hah, who had been in custody of KRW 72,487,791 in the head of Tong in the name of the National Bank of Korea, to the Defendant’s head of Tong in the name of Ha on the same day and deposited KRW 50 million around 30,000 and KRW 20,90,000 from the money to the Defendant’s head of Tong in the name of Ha, and used the money as the Defendant’s operating fund.