업무상횡령
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant was dispatched to the management director of the Kapo-si Commercial Building Management Co., Ltd., a entrusted controlled entity, to the management director of the Kapo-si Commercial Building, and served as the management director from September 1, 201 to February 28, 2015, and was in charge of non-collection and enforcement of the management affairs of the Kapo-si Commercial Building Representative Committee.
1. The repair allowance imposed on the owner of a commercial building for occupational embezzlement C for the purpose of returning the repair allowance is for the purpose of collecting a certain amount of money in advance including the management expenses from the owner in order to extend the lifespan of the commercial building and preserve its value in the long term. Thus, even if the owner's share price changes, it cannot be refunded to the former owner.
Nevertheless, while the Defendant kept the management expenses of the victimized person for his/her business, he/she was spent for personal purposes by withdrawing the total amount of KRW 6,572,490, which is the sum of KRW 2,963,800 on March 27, 2013, KRW 2,101,840 on April 29, 2013, and KRW 6,572,490 on May 30, 2013.
2. On March 22, 2013, the Incheon District Court: (a) filed a lawsuit against C Apartment Self-Governing Association for the payment of KRW 27,675,342, which occurred between C and August 31, 2011; and (b) filed a lawsuit against C Apartment Self-Governing Association for the payment of KRW 27,675,342, which was incurred until August 31, 201; and (c) concluded adjustment that C Apartment Self-Governing Association shall pay KRW 18,00,000 to C in lieu of shopping district.
Accordingly, at C Apartment Self-Governing Council of Apartments, 18,300,000 won was paid by substitute for the management company of private house, and on July 31, 2013, the disposal of the amount paid by substitute was set-off under mutual agreement between C Apartment Self-Governing Council of Apartments and C commercial buildings, so there was no no service charge to be paid to the apartment self-governing council of apartment houses or the private house management company.
Nevertheless, while the defendant kept the management expenses of the victimized person for his/her business, he/she arbitrarily settled the expenses for the personal housing services on July 29, 2014.