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(영문) 인천지방법원 2017.11.23 2017고정2246

업무상횡령

Text

Defendant

A A Fines of 500,000 won, Defendant B and C of each fine of 700,000,000 won, Defendant D and E of each fine of 300,000 won.

Reasons

Punishment of the crime

Defendant

A is the representative of the Dong lessee of the Seo-gu Incheon apartment unit, and Defendant B and D is the representative of the same apartment lessee, and Defendant C is the representative of the Dong lessee of the same apartment unit, and Defendant E is the vice-chairperson of the Dong lessee of the same apartment unit.

1. According to the rules on apartment management as to the joint crime committed by Defendant B and C, even though it is stipulated that KRW 30,000 per meeting expense should be paid at the meeting expense when the representative meeting of the lessee is present, Defendant B and C conspired to receive meeting expense from the victim G apartment management lawsuit on April 30, 2014 from the victim G apartment management work lawsuit on the above G apartment on April 30, 2014, and in fact, seven persons who participated in the meeting were paid KRW 210,000,000 as if they were present at the meeting, and embezzled management expenses kept in the course of business by using it as a meal expense after receiving KRW 90,000 as if they were paid KRW 2,00,000,000 from that day to October 31, 2014, as shown in the attached list of crimes (1).

2. According to the apartment management rules as to the joint crime committed by Defendant B, C, and A, even though the above apartment management rules stipulate that KRW 30,000 won per meeting expense shall be paid at the meeting expense when the representative meeting of the lessee is present, Defendant B, C, and A conspired with each other on December 1, 2014, when receiving a meeting expense from the victim G apartment management office in the above G apartment from November 1, 2014, and when the actual meeting was paid from the victim G apartment, while seven members were paid KRW 2,10,000 as if they were present at the meeting, and embezzled management expenses in the course of business by receiving KRW 2,10,000 as if they were paid KRW 90,00,000 from that day to May 1, 2016, and embezzled management expenses in the course of business from that day, 2,580,000 won as shown in the attached list of crimes (2).

3. According to the rules on apartment management for the joint crime committed by the Defendants, when the representative meeting of the lessee is present, it shall be paid 30,000 won per meeting expenses.