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(영문) 대구지방법원 2017.06.15 2017고단964

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 1, 2014 to December 2, 2016, the Defendant is a person who has overall control over the management and execution of apartment management expenses, operating expenses, etc. with the chairperson of the representative council of occupants of the Daegu-gu apartment complex C.

Defendant had been in custody of the long-term repair reserve account of the above apartment by transfer from the former Chairperson, with the intention of withdrawing money from the relevant account and using it for personal use.

On September 12, 2014, the Defendant collected KRW 25,000,00 from the Daegu bank account under the name of the C Apartment Management Office, which is the president of the Residents' Council, in Daegu-gu, Daegu-gu, Daegu-gu, 382, and voluntarily consumed the Defendant’s personal living expenses, etc. around that time.

In addition, from around that time to December 15, 2015, the Defendant voluntarily consumed a total of KRW 130,840,000 on 11 occasions, such as the list of offenses in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. Return related to the provision of each financial transaction information, details of each deposit transaction, copies of bankbooks issued by the resident representatives' meeting of the national bank of each C apartment house, each withdrawal slips, advance slips of deposits without deposits, applications for transfers, and details of transactions of deposits and withdrawals;

1. Each internal investigation report (the addition to the "data on financial transaction information" to Daegu Bank, the submission of a passbook in the name of the account management office, the submission of passbook in the name of the account, the balance of the deposit status of the management expenses, and the balance of the passbook submitted by the accounting F) and each investigation report (the confirmation of the place of use of KRW 10 million deposited into the "Voluntary Es," the remittance of KRW 1,349,000 to the G account on November 30, 2015, the remittance of KRW 3,000,000 to the H account on December 15, 2015, the portion related to the transfer of KRW 8 million from the "I" account on December 12, 2016, the portion related to the transfer of KRW 80 million from the account on December 8, 2016, the portion related to the transfer of KRW 80 million and the portion related to the investigation funds applied to the account on December 8, 2016.

1. Criminal facts;