횡령금
1. The Defendant: (a) KRW 48,755,840 for the Plaintiff and KRW 5% per annum from March 1, 2014 to November 11, 2014; and (b) for the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a council of occupants comprised of 22 households located in Suwon-gu, Busan (hereinafter “instant loan”). The Defendant solely executed the collection and disbursement of management expenses paid by the said occupant from April 2004 to March 2012 as the Plaintiff’s general affairs.
B. While the Defendant kept the management expenses that he/she received from the above occupant in his/her own account of the community credit cooperatives, the Defendant was convicted of arbitrarily consuming the total amount of KRW 17,806,230 as shown in the crime record in the attached Table 1 from April 28, 2006 to March 20, 2012, and was sentenced to a conviction of six months from the above court (hereinafter “instant criminal judgment”) on May 1, 2013. The above judgment became final and conclusive on September 27, 2013 by Busan District Court Decision 2013No1452, and Supreme Court Decision 2013Do920, Sept. 27, 2013.
C. On the other hand, the defendant withdrawn each amount stated in the "amount of withdrawal" column of the same list from the above community credit cooperative account on the date stated in the "date of withdrawal" column of attached Table 2. The sum reaches 32,341,930 won. Among them, only some items are briefly stated in the column of the head of the Tong, and there is no evidentiary document for any item of withdrawal.
On March 19, 2005 and April 11, 2008, the Defendant withdrawn KRW 820,000 and KRW 2,100,00 each from the account of the above community credit cooperative as the expenditure for cleaning expenses for septic tanks. Of each of the above amounts, the amount paid to the actual cleaning business entity of the septic tank is KRW 819,00 and KRW 760,000 each.
E. For the purpose of paying public water charges, the Defendant withdrawn each amount indicated in the “recovered amount” column in the same list from the account of the above community credit cooperatives on each date stated in the “date of withdrawal” column in the attached list 3. Of each amount, the amount actually paid is stated in the “actual amount” column in the same list.