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(영문) 창원지방법원 2014.03.05 2013고정1490

업무상횡령

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

C From July 9, 2009 to July 8, 201, it was working as the president of the Seongbuk-gu council of occupants' representatives, Sungwon-si, Sungwon-si, Sungwon-si, and has been in charge of various duties, such as approval and supervision of expenditures of various funds, such as long-term repair appropriations. The defendant has been in charge of general affairs, E, accounting audits, and F as technical auditors, together with C, as an executive officer of the council of occupants' representatives.

1. According to Article 54 of the Act on the Management of Apartment Units for the Embezzlementation of “out-of-management revenue”, revenues generated from the management of multi-family housing, other than management expenses, shall, in principle, be accumulated as reserves for long-term repairs after the end of the fiscal year, except where they are accumulated in reserve funds, and when they intend to use reserve funds, they shall obtain approval from the council of occupants’ representatives, and immediately announce the details of execution on bulletin boards, etc. after the use.

Defendant, C, E, and F (hereinafter “Defendant, etc.”) conspired to pay 100,000 won in the name gift fee for each apartment unit including Defendant, etc. to the Dong representatives of the apartment unit including Defendant, etc. on or around February 8, 2010, the conference room of the above apartment unit: (a) around that time, Defendant, C, E, and F (hereinafter “Defendant, etc.”) instructed the head of the management office of the above apartment unit to use “non-management revenue” for each Dong representative’s purchase price for the name saving gift; (b) on February 20, 2010, Defendant, C, E, and F (hereinafter “Defendant, etc.”) instructed the representative of the apartment unit to pay for the name saving gift fee.

Defendant

Around that time, etc., “other income than management” was collected from G and not accumulated as reserve funds and reserves for long-term repairs, but embezzled by using the purchase cost of the representative of apartment buildings for purposes other than those prescribed by the management rules, and around September 17, 2010 by the same method.