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(영문) 서울동부지방법원 2012.05.09 2012고정20

업무상횡령

Text

Defendant

A and Defendant B shall be punished by a fine of KRW 1,000,000 and a fine of KRW 300,000, respectively.

The Defendants are the defendants.

Reasons

Punishment of the crime

Defendant

A is the president of the H Housing Redevelopment Association promoting the redevelopment of the G Group in Seongdong-gu Seoul, and the defendant B is the general secretary of the above association. The above defendants are those engaged in overall affairs of the association including funds and finances of the above association, and the defendant C is the secretary of the above association.

1. The criminal conduct committed by Defendant A and Defendant B

A. On January 28, 2011, the said Defendants held a temporary directors meeting at the above partnership offices located in Seongdong-gu Seoul Metropolitan Government I. Around January 28, 201, the said Defendants decided to pay KRW 10,000,000 and the contingent fee of KRW 16,50,000,000 for the Seoul Eastern District Prosecutors’ Office (Seoul Eastern District Prosecutors’ Office) in which J filed a complaint against the said Defendants with the funds of the said partnership under the suspicion of violating the Act on the Maintenance and Improvement of Urban Areas

However, the above accusation case was a matter of non-compliance with the above defendants' request to allow the above defendants to inspect and copy the details of loans borrowed from the Corporation and the detailed details of the admission and withdrawal, and the above defendants violated the relevant Acts and subordinate statutes in the performance of duties of the association, which was eventually found guilty after being investigated by the investigative agency.

While the Defendants conspired to keep the funds of the association in the course of business as above, around January 31, 201, they arbitrarily withdrawn and used 11 million won under the name of the attorney fee for the said accusation case, and embezzled 27.5 million won in total by voluntarily withdrawing and using 16.5 million won under the name of the contingent fee for the said accusation case around February 28, 2011.

B. On February 8, 2011, when the above accusation case was taken to the effect that it was suspected of being suspected, due to the appeal by J, the appeal by the Seoul Eastern District Prosecutors’ Office 201 type No. 11205, and the additional investigation was commenced, the said Defendants shall hold a meeting of officers at the above partnership office around May 17, 201, and the said Defendants shall be the defense counsel for the said Defendants.