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(영문) 수원지방법원성남지원 2020.12.09 2020고정133
업무상횡령
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the collection, safekeeping, execution, etc. of management expenses, long-term repair appropriations, etc. as the management director of the office of the office of management of the office of Gyeonggi-si, Hanam-si.

Although the collected long-term repair appropriations should be used only for the construction, replacement, etc. of important common areas through certain procedures, the Defendant collected the long-term repair appropriations from the above officetel occupants on November 30, 2015 and embezzled KRW 8,048,456 from the lease deposit money of the above officetel D building E, which is used as the office of management of the above officetel in the course of business for the occupants.

The Defendant A, as the employee of the F, engaged in the business of collecting and managing management expenses from the above officetels occupants as the head of the Office of Management of Office Office Ctel in Gyeonggi-do. The Defendant B, as the head of the above officetel management body from December 26, 2016 to August 2018, was engaged in the business of operating and managing the above officetel management body overall.

In order to pay the management expenses collected from the victims Ctel occupants including G for the above occupants, the Defendants need to receive the resolution of the executive council of the management representative council in order to pay the management expenses to the manager. However, from May 2017, Defendant B continuously demanded Defendant A to pay the expenses for the maintenance of the dignity of the head of the management representative council from around August 2017, and Defendant A was willing to accept them around August 2017 and pay KRW 300,000 per month to Defendant B as the expenses for the maintenance of the dignity of the head of the management representative council without the resolution of the management representative council.

Defendant

A Accordingly, around August 2017, Defendant B paid KRW 300,000 to the head of the management group under the pretext of the maintenance of dignity, as well as arbitrarily paid KRW 300,000 from that time to June 25, 2018.

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