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(영문) 창원지방법원 2014.11.27 2014고합232

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant, from April 13, 2003, worked as the head of the victim D Apartment Maintenance and Improvement Project Association (hereinafter referred to as the “victim Association”) in Changwon-si from April 13, 2003, has been engaged in various affairs such as consultation related to construction works and reconstruction, construction cost, compensation cost, etc.

1. Around September 17, 2008, the Defendant received KRW 161,00,000 from the Si Corporation to the National Bank Account (Account Number E) in the name of the injured party’s association for compensation for civil petitions against nearby apartment units, and kept in custody for business purposes. Around September 25, 2008, the Defendant arbitrarily paid KRW 160,000,000,000 to KRW 20,000 around October 24, 2008, and KRW 31,30,000,000 on October 31, 2008, and KRW 4,000,000 on December 19, 2008, and KRW 160,000,000,000,000,000 to KRW 24,200 on December 24, 2008, out of that time, for embezzlement of KRW 10,500,000.

2. Around December 30, 2008, the Defendant: (a) received transfer of KRW 882,544,700 from a contractor to an account in the name of the victim’s association as cash settlement money for residents who did not conclude a sales contract; and (b) embezzled KRW 500 million in total by voluntarily consuming KRW 48,000 on the same day and KRW 480,000 on December 31, 2008, and KRW 16 million on January 2, 2009.

The Defendant, “2014 Gohap253” from April 13, 2003 to January 2009, worked as the head of the victim’s association in Changwon-si, with the remuneration of 1.8 million won per month. From the end of 2006, the Defendant received daily allowances from the facility company from the facility company until the end of 2006, and there was no special income other than the income accrued from the operation of the facility company.

In addition, although the Si owned one apartment house subject to reconstruction amounting to KRW 80 million, the amount of the moving expenses for the victim association exceeds KRW 60 million and the amount of the financial institution loan exceeds KRW 50 million, it is borrowed from the victim association.