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(영문) 청주지방법원 2017.04.27 2016고단1228

업무상횡령등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around August 2003 to August 2015, the Defendant, while serving as a general secretary at the meeting of the representatives of occupants of the “D apartment” located in Seo-gu, Seo-gu, Seo-gu, Seoul, the Defendant received apartment management expenses, etc. from the occupants of the above apartment, and deposited and managed them into the Saemaul Treasury Account (Account Number: E) in the name of the victim.

1. Around June 2010, the Defendant changed private document: (a) at an administrative agency located in the Maamamamamamamamamamamamamamamamamamamamamamamamamamamamamamamamamamamam, the Defendant entered in the column of “the remaining amount” on June 7, 2010 of the copy of the bank account in the name of the “D apartment” issued by the Director of the Saemaulamamamamamamamamamamamamamamamamamamamomy using a computer with the intent of withdrawing the amount embezzled by the Defendant at the time of audit; and (b) entered in the column of “the remaining amount” on June 7, 2010, the copy of the bank account in the name of the above “D apartment” in the name of the Director of the Saemaulamam, and changed the copy of the private document for the purpose of exercising the rights at that time through six times from that time.

2. On June 2010, the Defendant issued a copy of the altered passbook to the auditor of the resident representative meeting of the said D apartment complex who was aware of the alteration, as seen above, and exercised it by submitting a copy of the altered passbook to the auditor of the resident representative meeting of the said D apartment complex as if it were a document duly formed, and from that time until June 2015, the Defendant submitted a copy of the passbook altered on six occasions as shown in the attached list of crimes (2) from that time to June 2015.

3. On July 7, 2003, the Defendant’s occupational embezzlement: (a) withdrawn KRW 1,520,00,000, when he/she was in the account in the name of the above D apartment for the victim; (b) consumed the Defendant’s living expenses, etc. in the account in the name of the above D apartment for his/her business; and (c) embezzled them for personal purposes, such as the Defendant’s living expenses, etc. from the day of the Cheongju-si to August 5, 2015; and (d) as shown in the list of crimes (iii).