beta
(영문) 울산지방법원 2016.12.16 2016고정929

업무상횡령

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who, from June 4, 2012 to December 28, 2015, takes the representative meeting of lessees with the chairperson of the lessee representative meeting in Ulsan-dong, Ulsan-gu, the occupants of the apartment complex. The defendant received inconvenience to the occupants, such as the enactment and amendment of the management rules of the above apartment, management fees, rental housing management fees, and maintenance and repair of common areas and ancillary facilities, and delivers them to the Korea Land and Housing Corporation (LH) which is the leased company, and performs duties, such as monitoring the proper use of the management fees of the above apartment management company.

The Defendant, from October 2, 2015 to July of the same month, deposited KRW 1,50,000, which was withdrawn from the said account as of October 13, 2015, into an individual account in the name of the Defendant, or consumed KRW 1,50,000, which was withdrawn from the said account as of October 13, 2015, into an individual account in the name of the Defendant, or for personal use, such as food expenses, in the name of the said apartment management office’s account and cash, from financial institutions, under the pretext of support funds for the promotion of family film festivals of the C apartment complex, to be held on the August of the same month.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

2. The E’s protocol of statement and legal statement (i.e.,, the Defendant is presumed to have received assistance from neighboring companies, etc. and used it individually) are admitted as evidence that correspond to the facts charged in the instant case. However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., the Defendant’s use was not disclosed on the ground that the Defendant was presumed to have embezzled, and the cost necessary for film festivals is the apartment childcare center and the childcare center.