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(영문) 인천지방법원 2017.01.13 2016고정3089

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, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

B The representative of the victim ‘D' located in the Seo-gu Incheon Metropolitan City from November 201 to February 2016. Defendant A was the representative director of the management service business headquarters of ‘D' for the same period. Defendant B approved the details of the payment of management expenses prepared by Defendant A, and Defendant A executed them. The Defendants took charge of the duties of keeping and executing the management expenses of the victim's building.

1. The Defendants conspired to engage in embezzlements related to the use of the special repair reserve fund for purposes other than its original purpose and from November 201 to February 2016 and deposited KRW 10,400,000 for each 200,000 per month for the special repair reserve fund. However, the Defendants used the special repair reserve fund for the amount of KRW 9,916,720 for the special repair reserve fund subtracting the outstanding amount of KRW 483,280 due to the factory laboratory (=10,400,000 - 483,280 won) for the victim, and used the special repair reserve fund for the amount of KRW 300,00 as the cost of cleaning garbage on October 9, 2012, 380,000,000, 380,000,000,000 won for the use of the special repair reserve fund for repair at the entrance’s expense of KRW 5,2014.

2. The Defendants conspired and embezzled the management expenses of the above building on behalf of the victim during the foregoing period by using at will the sum of KRW 5,100,000 per month for the business (promotion) and KRW 3,400,000 for the following reasons: (i) arbitrarily using KRW 3,500,000 for the use of the non-use (= KRW 5,100,000 for 3,400,000 for the non-use) without the resolution of the management division operation committee.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. The current status of the receipt and disbursement of the balance sheet for special repair, the current status of the transactions with D management account (hereinafter “1 November 14 to February 25, 16”), the statement on the imposition of D management expenses (from November 1 to February 29, 16), and the suspect’s unjust acquisition.