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(영문) 수원지방법원 안양지원 2017.04.21 2017고정31

업무상횡령

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From January 1, 2015 to Oct. 1, 2016, the Defendant, as the president of the Council for the Representatives of Residents in Militarypool City, was in charge of the business affairs such as selection of the entrusted controlled entity, approval of the budget and settlement of accounts of management expenses, etc.

The long-term repair allowances for multi-family housing shall be used only for the purpose of replacing and repairing major facilities in accordance with the long-term repair plan, and the management entity shall prepare a plan for using the long-term repair allowances in accordance with the long-term repair plan and use it through the resolution of the representatives of occupants, and shall undergo the resolution of the representatives of occupants even in order

While having kept the long-term repair reserve of the above apartment, the Defendant embezzled total of KRW 153,100,000 for the purpose of using the long-term repair reserve without undergoing the procedure of adjustment on the long-term repair plan, in the name of the underground parking lot, each Dong and guard room, which cannot be executed as the long-term repair reserve without undergoing the procedure of adjustment on the long-term repair plan, and the construction cost for the long-term repair reserve. < Amended by Act No. 13005, Dec. 31, 2015; Act No. 1438, Jan. 14, 2016; Act No. 15000, Jan. 29, 2016

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to investigation reports (as to the submission of additional materials by complainants);

1. Article 356 of the pertinent Act and Articles 355(1) of the Criminal Act regarding criminal facts and Articles 355(1) of the Criminal Act (hereinafter collectively referred to as “the choice of fines”) (Article 90(3) of the Multi-Family Housing Management Act provides that “The representative meeting of occupants and the management entity shall not use management expenses, user fees, and reserves for long-term repair for purposes other than those under this Act.”

This is compared to the fact that the old Housing Act (amended by Act No. 11871 of Jun. 4, 2013) only limited the use of the long-term repair reserve fund for purposes other than its original purpose by the management rules, but not by the law or the enforcement decree.

b) the Commission;