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(영문) 서울중앙지방법원 2018.05.02 2017고단193

횡령

Text

Defendants shall be punished by a fine of KRW 4,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendants are entitled to the subdivisions of the 7 and 8th class of Jongno-gu Seoul Metropolitan Government building C.

Defendant

From around 202 to August 8, 2012, A served as the chairperson of the C Building 7, 8 Self-Governing Management Council; from August 9, 2012 to July 13, 2013, Defendant B served as the general director of the aforementioned self-governing Management Council; from July 13, 2013 to July 13, 2013, Defendant B served as the director of the above self-governing Management Meeting; and from July 3, 2013 to March 23, 2015, Defendant B served as the representative director of D (hereinafter referred to as “D”).

On July 13, 2013, Defendants were dismissed from office as general secretary and director at the extraordinary general meeting of the above autonomous operation and management council.

The Defendants conspired to deposit KRW 2,758,779 (G) in the F bank account (H) opened in the name of the Defendant on the same day and embezzled KRW 7,758,779 (hereinafter referred to as “F bank account”) in the office located in Jongno-gu Seoul Metropolitan Government for the entire owners of the victims I et al., who are members of the said autonomous operation and management council, as well as using KRW 115,000 on August 7, 2013 as a lawsuit fee, from that time to September 2, 2013, the Defendants embezzled KRW 23,24,38,39,000 for four times in total, such as the daily list of crimes in the attached Table Nos. 23, 24, 38, and 39.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made to I by the police;

1. A copy of the details of passbook transactions [A (C building 7, 8) F Bank], and the application of the search laws and regulations of the Supreme Court of Korea where suspension of performance of duties is decided;

1. Article 355(1) and 30 of the Criminal Act and the selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Judgment on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendants are entitled to the classification of the 7th and 8th class of Jongno-gu Seoul Metropolitan Government Buildings C, Jongno-gu.

Defendant

A from around 202 to August 8, 2012, “C building 7,8.”