beta
(영문) 전주지방법원 군산지원 2015.10.19 2015고정160

업무상횡령

Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

B From June 201 to October 2014, 201, the president of the Gunsan-si E apartment unit council and the general secretary of the reconstruction promotion committee, Defendant A from June 201 to November 2014, the above apartment unit representative, the president of the reconstruction promotion committee, and F were working as the head of the above apartment management office from February 1, 2006 to November 28, 2014.

The Defendants engaged in the management and execution of the funds such as management expenses paid from the occupants, and the F prepared a written resolution of expenditure and approved it by Defendant B, and Defendant A and B conspired to use the apartment management expenses after receiving the management expenses from F as the financial resources of the E Apartment Reconstruction Promotion Committee have deteriorated.

1. On January 4, 2012, the Defendants transferred KRW 28 million on the same day, KRW 10 million, KRW 10 million on May 8, 2012, and KRW 8 million on three occasions to the Agricultural Cooperative (G) account in the name of the management office of the above apartment, which was paid from the victims of the above apartment, to the said apartment management office, and used as the operating expenses of the reconstruction promotion committee.

As a result, the Defendants conspired and embezzled management fee of KRW 28 million in the occupational custody for any purpose other than the original purpose.

2. The Defendants: (a) around May 30, 2012, at the above apartment management office; (b) the long-term repair appropriations were limited to the use of major facilities of multi-family housing in accordance with the long-term repair plan to be used for the replacement and repair thereof; (c) however, the Defendants kept KRW 100 million in the Agricultural Cooperative account in the name of the said apartment management office, which is the victim, while receiving payment from the said apartment residents, and transferred KRW 50 million each to the Agricultural Cooperative account in the name of A E apartment reconstruction promotion on the same day and on June 25, 2012.

In this respect.