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(영문) 창원지방법원 2018.02.07 2017고단3187

업무상횡령

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

From April 209 to September 8, 2016, the Defendant, who operated a used car trading company in the name of “E”, a building of a used car trading complex located in “E” at Changwon-si, was employed as the chairperson of the Operation Committee of the Victim E (hereinafter “victim Committee”) who is a business owner’s meeting engaging in a used car trading business in the above “E” from April 2009 to September 2016.

As the chairperson of the victim committee, the defendant was responsible for the overall management of the fund contributed by the members of the operating committee, such as the relevant budget and settlement of accounts, and the execution of duties.

1. The Defendant, in the name of monthly rent for the office of the Chairperson, deposited various public funds into the passbook of a corporate bank in the name of the office of the Steering Committee in the name of the management committee, while keeping and managing them in business, he/she was in the custody and management of the public funds deposited in the management committee. The Defendant, even if he/she did not pay the office rent of the management committee chairperson, was in the appearance of paying the office rent for the chairperson. On July 25, 2013, he/she instructed 300,000 won from the public funds deposited in the corporate bank account (H) in the name of the general manager of the management committee in the above E office to G to transfer 30,000 won to the agricultural bank account in the name of the Defendant under the name of the head of the management committee in the name of the management committee in the name of the victim, and embezzled it by using it for a total of 26,80,000 won on an individual basis at that time.

2. The Embezzlement E Steering Committee related to the support of parking management expenses distributes parking spaces to allow parking of more than 30 vehicles in each used vehicle trading company, and if parking is parked in excess of the number of vehicles distributed, it shall settle the 10th day of each month and deposit 1.50,000 won per month into the company bank account in the name of the Steering Committee General G (H) and receive the payment of the deposited money.