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(영문) 수원지방법원 안산지원 2013.11.08 2013고단2218

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is the representative of AD who manages the building building in Ansan-si, Seoul, and entered into a building management service agreement with the owner of the building at the time of March 3, 2008, and has been engaged in affairs such as the expenses of the building, electricity and water supply facilities management, parking management, collection and collection of management expenses, and payment by proxy of various taxes and public charges.

1. Occupational embezzlement;

A. When the Defendant imposed the total amount of electricity used for the first month and the amount of electricity used for the above commercial building from the Korea Electric Power Corporation, the Defendant calculated the unit price by calculating the quantity of electricity used for each unit of the above commercial building and calculated the basic electricity charges, the electricity usage fees for each household, and the joint electricity charges for each unit, thereby including and collecting them for each unit.

Around February 9, 201, the Defendant received KRW 1,00,00 from the owners and lessees of the above commercial building in order to obtain electricity fees and other management expenses, and embezzled KRW 22,37,00,00 in total on 30 occasions from February 9, 201 to April 15, 201 in accordance with the attached Table 1 of the crime committed from February 9, 2011 to April 15, 201, when he/she was in the business of obtaining KRW 1,00,000 from the owner and lessees of the above commercial building, and transferred them to the company bank account in the name of the Defendant on or around February 9, 2011, and embezzled them by using them voluntarily as the Defendant’s personal premiums.

B. From January 27, 201 to May 27, 2011, the Defendant received an amount of KRW 50,500,00 from the employees of the company in charge of the resolution of the dispute settlement of the lessee of the above commercial building as parking fees, and deposited it into the company bank account in the name of the Defendant around January 27, 201, and embezzled it by using it as the Defendant’s credit card payment from January 27, 201 to May 27, 2013, as described in the attached Table 2 of the crime list in the above method. < Amended by Presidential Decree No. 10, 176, Jan. 176, 190>