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(영문) 수원지방법원 성남지원 2014.02.06 2013고정2026

업무상횡령

Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay a fine, 50.

Reasons

Punishment of the crime

1. The defendant A, from July 4, 2008 to October 24, 2009, has been engaged in the business of storing and managing management expenses from the victims E and the residents living in the above apartment complex in Seongbuk-gu, Sungnam-si, the council of occupants' representatives.

The Defendant arbitrarily consumed KRW 2,00,000 on October 7, 2009, and KRW 2,100,000 on November 16, 2009, under the pretext of the expense of the said apartment remodeling promotion committee at the above E and F Complex management office, while keeping the reserves of KRW 73,538,814 for the above council of occupants’ representatives for the said council of occupants’ representatives.

Accordingly, the Defendant embezzled 4,100,000 won in total over twice.

2. Defendant B, from May 1, 2010 to December 10, 201, is the president of the victims E/F complex located in Seongbuk-gu, Sungnam-si and the council of occupants' representatives of the F complex, and has been engaged in the duties of storing and managing them after receiving management expenses from the occupants of the above apartment.

While the Defendant kept 15,864,777 won of long-term repair appropriations for the above council of occupants' representatives for business purposes, the above E and F Complex Management Office has embezzled KRW 1,635,00 for the expenses of the said apartment remodeling promotion committee on September 17, 2010.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Application of statutes, such as a written disbursement resolution;

1. Relevant Articles 356 and 355(1) of the Criminal Act and the Defendants’ choice of punishment concerning criminal facts: Articles 356 and 355(1) of the Criminal Act

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act