beta
(영문) 서울북부지방법원 2019.06.21 2018고정1282

업무상횡령

Text

Defendants shall be punished by a fine of two hundred thousand won.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

The defendants as members of the F apartment 21 council in Seoul Special Metropolitan City, Nowon-gu, are those who keep the operating expenses of the council of occupants' representatives in business as members of the council of occupants' representatives. Defendant G, H Dong representative, Defendant C is an accounting audit, Defendant D is an environmental director, Defendant E is an I, Jdong representative, and Defendant A is a general secretary.

The defendants shall use the management expenses for apartments received from the occupants for the management, etc. of the common areas of the above apartment, and shall not use them arbitrarily for the personal interests of the members of the council of occupants' representatives, the housing management operator and their employees

1. The Defendants’ co-principal

A. On November 24, 2016, the Defendants conspired to send meals to the management office at a mutually cafeteria called “L” located in Seoul Special Metropolitan City, Nowon-gu, and embezzled 6,40,000 won of the food cost as operating expenses of the council of occupants’ representatives, which Defendant A kept in business for the said apartment residents.

B. On November 26, 2016, the Defendants conspired and embezzled the amount of KRW 650,000 and KRW 63,000 as operating expenses of the council of occupants’ representatives, which Defendant A kept in business for the said apartment residents, at the main points of the mutual name “N” and “P (P)” located in Seoul Special Metropolitan City, Nowon-gu’s Seoul Special Metropolitan City, by holding a meeting to send meals, etc. to the same president.

2. Defendant A, around November 28, 2016, did not attend the “R” held by the Nowon-gu Office around November of the same year in the above apartment building, and transferred KRW 100,000 to Q Q S Bank account as educational expenses from the council of occupants’ representatives.

Accordingly, the defendant embezzled 100,000 won in total of the operating expenses of the council of occupants' representatives kept in business for the above apartment residents.

Summary of Evidence

1. Each legal statement of the witness T, U, V, and W;

1. Each police statement concerning T;

1. T. T. A. T. T. complaint, attached thereto.