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(영문) 대구지방법원 2019.01.31 2018고단5630
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From January 13, 2017 to April 2018, the Defendant is the president of the Council comprised of 359 victims C, etc. (hereinafter “victims”) and the Defendant, who are the owners of 360 households of Daegu Suwon-gu apartment B, Daegu-gu, 2017, and the D Council. The Defendant has deposited lease deposit and monthly rent received from the lessees of the said commercial building in the bank account in the name of the Defendant, and has been engaged in the business, such as distributing interest and monthly rent to the apartment owners twice a year in proportion to the reputation of the apartment.

1. Around January 15, 2018, the Defendant: (a) deposited KRW 110,290,000 in the E Bank account (G) which was handed over by F of the Chairperson of the Consultative Council on Commercial Building prior to January 13, 2017 from the 1string point of E Bank B in Daegu Suwon-gu; and (b) deposited KRW 110,290,00 in the E Bank account in the name of the Defendant for the victims; (c) was in custody for personal use, such as the payment of living expenses and credit card bills; and (d) was in mind at the E Bank account (I) the said account was arbitrarily cancelled at the B B branch of the E Bank located in Daegu Suwon-gu, Daegu-gu, and deposited KRW 104,679,430 in the account; and (d) deposited in the E Bank account (I) the Defendant’s personal management account.

Accordingly, the Defendant embezzled KRW 104,679,320, which is the property of the victims in the course of business.

2. On January 13, 2017, the Defendant: (a) opened a monthly rent management account received from a commercial lessee at the e bank 1 store located in the Daegu Suwon-gu World Trade Organization (J); and (b) managed rent; (c) around April 2018, the Defendant kept the rent without handing over it; (d) had been able to use it for personal purposes, such as living expenses and credit card payment; and (e) voluntarily cancelled the said account at the e bank strike branch located in the Daegu Suwon-gu Suwon-gu EF on August 1, 2018; and (e) withdrawn KRW 4,717,867 in the account.

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