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(영문) 전주지방법원 2018.04.12 2017고단2523
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. From December 1, 2014 to November 30, 2015, the Defendant is a person who has served as the president of the occupants' representative meeting of the Dongdaemun-gu Seoul apartment complex in the previous city, and is engaged in the work of managing and supervising the overall affairs of the above apartment and executing the operating expenses of the occupants' representative meeting in accordance with the rules on joint management of apartment complexes.

In such cases, the defendant has a duty to use the above operating expenses in accordance with the above rules of joint management.

Nevertheless, on January 6, 2015, the Defendant embezzled KRW 79,000, out of the operating expenses in the course of performing duties at a non-permanent place, using disposable expenses for which the above joint management regulations have not been prescribed, and then, from around that time to September 24, 2015, the Defendant applied for permission to amend an indictment to delete 37,000 won in total three times in total, as shown in attached Table 1, from around the fourth trial date, the Prosecutor applied for permission to amend an indictment to delete 12 times in the table of crimes in attached Table 1. This Court permitted this.

Embezzlements the above operating expenses.

2. No person who violates the Act shall perform the duties of a manager of a house without acquiring the qualification for a manager, etc. of a house with respect to the management of collective housing;

From December 1, 2014 to November 30, 2015, the Defendant was working as the chairperson of the occupants' representative meeting of the Dongdaemun-gu Seoul apartment complex in the Jeonjin-gu Seoul Special Metropolitan City, and the head of the management office, on January 7, 2015, where the head of the management office is replaced, spent KRW 3,000 with the purchase cost of the above apartment complex at an unspecified place on January 7, 2015, and the prosecutor at KRW 3,077,450 in total over 40 times from around that time to July 21, 2015, as shown in Table 2 of the Crimes List of Crimes, filed an application for permission to amend an amendment to the indictment to delete 16,41,42 from the date of the fourth public trial, and this court permitted this.

The officer of the management office without acquiring the qualification of the manager of the housing.

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