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(영문) 서울동부지방법원 2015.01.22 2014고단2279

업무상횡령

Text

A defendant shall be punished by imprisonment for six 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, from around 2004 to November 2009, was a person who served as the president of the council of occupants' representatives in Gangdong-gu Seoul Metropolitan Government, and took overall charge of the collection, storage, and disbursement of the above apartment management expenses.

The Defendant collected public funds such as apartment management expenses from the occupants as the public account for apartment management expenses (i.e., the bank D; hereinafter referred to as the “public account”), and around February 8, 2007, the Defendant transferred KRW 21,087,840 from the Seoul Guarantee Insurance Co., Ltd. to the personal account under the name of the Defendant (i.e., the bank E; hereinafter referred to as the “personal account”) and stored it for the said C resident as the victim.

1. The Defendant committed the crime of July 9, 2007, around July 9, 2007, withdrawn KRW 9 million from the above defect insurance money deposited in the said personal account and deposited the said public account into the said public account, and used KRW 12,045,369 in the manner of paying the Defendant’s loans to Han Bank, one of the above public funds together with KRW 3,045,369.

Accordingly, the defendant embezzled the victim's property.

2. On July 16, 2007, the Defendant, at the place indicated in paragraph (1) around July 16, 2007, withdrawn KRW 10 million out of the above public funds deposited in the above public account as one copy of the KRW 10 million check and used them for personal purposes.

Accordingly, the defendant embezzled the victim's property.

3. The Defendant committed the crime of March 5, 2008, around March 5, 2008, used KRW 10 million, among the above public funds kept in the above public account, by transferring it to the account of fixed deposit in the name of the Defendant’s individual (one bankF) in the form of money.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness G and H;

1. A protocol concerning the suspect examination of the accused;

1. Each police suspect examination protocol against the defendant or I (including G substitute part);

1. Protocol of the police statement concerning G;

1. Insurance money subject to the investigation report; and