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(영문) 대구지방법원 2014.08.13 2014고정285

업무상횡령

Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A is a person who served as the chairman of the council of occupants' representatives in the Daegu Suwon-gu council from April 2007 to December 31, 2010; Defendant B from April 1, 2005 to October 25, 2007; Defendant C was working as the head of the above apartment management office from October 29, 2007 to September 4, 201.

1. The long-term repair appropriations prescribed by the Acts and subordinate statutes and the management rules of Defendants A and B shall not be used without the formulation or adjustment of a long-term repair plan prescribed by the said Acts and subordinate statutes and regulations, because their use is strictly restricted;

Nevertheless, on September 20, 2007, Defendant A and Defendant B conspired and embezzled the total amount of KRW 17,000,000,000, which is part of the long-term repair appropriations of the same apartment, in collusion with the management office of the Daegu Suwon-gu F apartment, Daegu-gu, as the down payment for the unmanned security system construction, which is not designated as the target facility of the long-term repair plan.

2. The long-term repair appropriations prescribed by the Acts and subordinate statutes and the management rules of Defendants A and C shall not be used without the formulation or adjustment of a long-term repair plan prescribed by the said Acts and subordinate statutes and regulations, because their purposes are strictly restricted;

Nevertheless, Defendant A and Defendant C conspired,

A. A. Around November 13, 2007, at the Daegu Suwon-gu F apartment management office, issued KRW 100,000,000, part of the long-term repair appropriations of the same apartment to the intermediate payment of unmanned security system construction, which is not designated as the target facilities in the long-term repair plan; and

B. On or around December 31, 2007, at the same place as the above paragraph (a) above, KRW 53,000,000, which is a part of the long-term repair appropriations, shall be delivered to the “Naman Communications” as the remainder of the unmanned security system construction;

C. Around August 10, 2010, KRW 17,186,00, which is a part of the long-term repair appropriations at the same place as the above paragraph (a), was granted for the replacement of children’s play facilities, and embezzled each of them.

Summary of Evidence

1.

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