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(영문) 수원지방법원 2019.02.14 2018고정990

업무상횡령등

Text

The defendant shall be innocent.

Reasons

1. From December 12, 2012 to October 31, 2017, the Defendant, as the manager of the Suwon-si management body B of the victims C in Suwon-si, took charge of the overall management of the victims, and took charge of duties, such as budget execution, of the management body.

Since April 2013, the sectional owner D has raised an objection against the defendant as to the operation of the above management body, and has filed an application for perusal such as books, application for permission of special meeting convening, compensation for damages and consolation money.

A. In April 2016, the Defendant embezzled the Defendant’s total amount of KRW 11,100,000 from the victim’s budget to August 30, 2017 by using KRW 11,10,000 as the Defendant’s personal litigation expenses, etc., in total of four times from the victim’s budget, with the knowledge that D had filed a lawsuit claiming damages and consolation money (2016da14078) against the Defendant at Suwon District Court. On April 21, 2016, the Defendant paid KRW 3,00,000 as the attorney’s fees to E law firms and consumed it for personal purposes.

B. On October 31, 2017, the Defendant: (a) at the Suwon District Court, obstructed the management of the Victim C’s Management Body (creditors); (b) used the name of the obligee’s name; and (c) obtained a provisional disposition order to deliver the seal and passbook to the obligee (2017Kahap10207).

The defendant, according to the above provisional disposition decision, should deliver the seal of the receiver to the victim. At that time, the defendant concealed the seal by keeping it in F, the controlled entity of the above officetel, even though requested by D to return the seal of the receiver from D, the victim's manager D.

2. Determination

(a)in the event that a decision has been rendered to suspend the exercise of director’s functions against a director of a corporation, the director performing the functions of the corporation concerned;