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(영문) 서울중앙지방법원 2015.01.09 2014고단6167

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

around April 2007, the Defendant was appointed as the president of the Autonomous Management Committee for Condominium Buildings of 95 households, one building of Seocho-gu Seoul Metropolitan Government (hereinafter referred to as the “Autonomous Council”) and was retired on or around July 2013.

The defendant, by taking advantage of the fact that he is managing the head of the local council, withdrawn some of the funds from the head of the local council and used them for personal purposes, found various hospitals and treatment centers in order to care and treat the cerebral cerebral masy as disabled persons. As such, the rapid increase in the expenses for inspection and treatment and the revenue of the defendant and her husband makes it impossible to cover the expenses for his father's medical expenses and living expenses, the defendant released the funds of the head of the local council or transferred the funds in the management expenses for the head of the local council or the head of the local government or the head of the local government who manages the head of the Tong and the head of the local government.

Therefore, around August 8, 2007, the Defendant voluntarily transferred KRW 10,001,60 from the time to June 28, 2013 to the name of the Defendant, and then withdrawn cash from the autonomous meeting as shown in the list of crimes (1), or deducted KRW 301,431,950 in total, which was transferred from the autonomous meeting head of the Tong, the management expenses, and the miscellaneous profit passbook to the Defendant’s name from May 28, 2008 to June 20, by using the 356,064,350 in total the sum of KRW 54,632,40 in the name of the Defendant and the husband’s G head of the Tong, as shown in the list of crimes (3), and deducted KRW 308,281,280 in total from the amount of personal repair expenses or the amount of money deposited by the Defendant as stated in the list of crimes (3).

Summary of Evidence

1. Defendant's legal statement;

1. Each of the defendants;