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(영문) 부산지방법원 2012.07.19 2012고단805

업무상횡령등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

From January 1, 2009 to December 31, 2010, the Defendant is a person who has served as the president of the council of occupants' representatives of D Apartment-gu Busan Metropolitan City from January 1, 2009 and has been engaged in the duties of imposing, collecting, disbursing, operating, etc. management expenses, including the long-term repair appropriations paid by the aforementioned apartment residents while controlling the above apartment management affairs.

1. Around November 10, 2009, the Defendant entered into a contract for construction of CCTV with KT Co., Ltd. (KT) and the construction cost of KRW 221,000,000,000.

Accordingly, the Defendant paid KRW 8,972,40 to KT on December 10, 209 for the purpose of the construction commencement of the above apartment, and withdrawn KRW 88,972,40 from the long-term repair appropriations with strict use or purpose to strictly limit the amount of KRW 88,972,40 to KT and embezzled it to KT (KT) for the purpose of maintaining and repairing facilities essential to the existence of apartment houses, such as external roof, outer walls, external windows, ceilings, fireproof walls, floors, interior windows, and stairs, transformation facilities, indoor power supply equipment, indoor distribution equipment, light-string equipment, fire extinguishing equipment, elevator and lifting equipment, water supply equipment, drainage equipment, sanitary apparatus, ventilation facilities, ventilation facilities, heating facilities, and water supply facilities, and then withdrawing KRW 88,972,40 from the long-term repair appropriations with the total amount of KRW 10 to 300 days from the end of 200 to the end of 300 days from the end of 200.5.

2. On January 11, 2010, the Defendant, in the course of occupational breach of trust, withdrawn KRW 300,000 as the president’s official expenses, KRW 260,00 as the total official expenses and operating expenses, and KRW 60,00 as the operating expenses.

However, according to the management rules, business promotion expenses, such as sales and operating expenses, can be disbursed within the limit of KRW 700,000 per month, so the defendant's business promotion expenses exceed KRW 700,000.