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(영문) 서울중앙지방법원 2017.10.25 2017고합612
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From around 2002, the Defendant is a person who was employed to the Commercial Building Steering Committee in Jung-gu, Seoul (hereinafter “instant commercial building”) as a manager and was in general in charge of general affairs, accounting, and other affairs.

The commercial building of this case was newly constructed and sold by E, etc. on the end of 1994 and entered into by merchants, and the management authority was vested in the management body.

However, through F, a number of commercial buildings rooms were owned by F.

E, etc., regardless of the management through the above management group, have led the above committee to maintain the influence on the overall business of the commercial building through the commercial building management committee, which is a self-regulatory organization of merchants, while collecting public relations expenses and event expenses from merchants in the name of the above commercial building management committee under the pretext of promoting the entire commercial building and holding events.

E, etc., without systematic accounting management, managed public relations expenses and event expenses that amount to at least KRW 40 million per week without systematic accounting management, and most of the merchants who are small merchants have not paid special attention to the form, finance, etc. of the Committee and have been in fact managed without any control.

On February 18, 2009, the Defendant received a cash of 1.1 million won from the office of the Commercial Building Committee from the Defendant, who is in charge of accounting, by ordering G, to prepare for public relations expenses and event expenses that the Defendant kept in his/her business and received from him/her. Around that time, he/she consumes for personal food expenses and embezzled it. Around May 27, 201, in order to raise operating funds of H operated by E through the Commercial Building Steering Committee, merchants borrowed money from or deliver it to E, without the consent of the merchants, and embezzled it by performing public relations expenses and event expenses without obtaining the consent of the merchants, and by performing the above debt at the expense of the event.

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