beta
(영문) 서울동부지방법원 2017.10.12 2017고단1309

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. From June 2004 to May 2012, the Defendant, as the female president of Seongdong-gu Seoul apartment complex, was engaged in daily funeral operation using incidental facilities and welfare facilities of apartment, advertising management in the complex, management of recyclable products, etc.

On January 23, 2009, the Defendant, as the president of the above apartment complex, embezzled KRW 40,732,800, a sum of KRW 40,732,800 as shown in the annexed crime list from November 17, 201, from that time, he arbitrarily consumed KRW 973,00 under the pretext of a trade-saving gift unrelated to the operation of women's association or apartment, while he/she kept the income generated by using incidental facilities and welfare facilities in the apartment complex for the occupants of apartment complexes.

2. Around December 2010, the Defendant signed the “18,674,407”, “350,000”, “1,024,407” in the revenue column, “18,000,000 won” in the residual column, and “18,00,000,000 won” in the remarks column in the remarks column, and “18,00,000,000 won and KRW 18,8,000,000” in the remarks column.

Accordingly, for the purpose of uttering, the Defendant forged “A specification of revenues and expenditures of women’s association in December,” which is a private document on proof of facts of E.

3. On January 4, 201, the Defendant, at the management office located in Section C of paragraph (1) around January 4, 201, transferred the remainder amount in the miscellaneous income passbook managed by the Women’s Association for the last seven years, to KRW 18 million, and the Defendant, at the apartment management office, presented the forged “detailed statement of revenues and expenditures of the Women’s Association in December” to the head of the apartment management office.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Part of each protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made by the prosecution and the police concerning F;

1. Statement made by the police for E;

1. Each female council;