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(영문) 서울북부지방법원 2013.12.20 2013고단685
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

During the period from July 30, 2008 to October 23, 201, the Defendant was engaged in the business of maintaining buildings, collecting management expenses, and managing funds as the president of the Victim D Family Council.

1. Occupational embezzlement;

A. On April 1, 2011, the Defendant embezzled the amount owned by the victim by arbitrarily granting KRW 3,00,00,000 on April 27, 2011 to H with respect to each attorney’s appointment fee in relation to the name of the building at the Seoul Northern District Court 201Gadan16216, which was brought by D stores E, F, and G against H by the lessee at D stores in Seoul Special Metropolitan City, Nowon-gu, Seoul, for the purpose of embezzlement of the amount owned by the victim by arbitrarily granting KRW 2,50,000 on April 27, 2011.

B. On March 13, 2009, the Defendant was sentenced to a two-year period of suspension of the execution of duties at the Seoul Northern District Court, which was sentenced to a two-year period of imprisonment with prison labor at the Seoul Northern District Court on June 15, 2009, and the judgment became final and conclusive on October 15, 2009, and D, for which two years have not passed since the expiration of the period of suspension of execution, is ineligible as an executive officer pursuant to the articles of association of the Council, notwithstanding the fact that D, at the place indicated in paragraph (a) on April 11, 2011, filed an application for the provisional suspension of the execution of duties by I from the Seoul Northern District Court 201Kahap274 for the same reason, the Defendant embezzled the amount owned by the victim at will by arbitrarily paying the amount of each Defendant’s attorney’s fee of KRW 1,00,000, May 17, 2011.

C. On August 16, 201, at the place indicated in paragraph (a) on August 16, 201, the Defendant embezzled money owned by the victim by J, I, etc., who is a member of the council of shop owners, following the Defendant’s resolution to dismiss the president of the council of shop owners on July 15, 2011: (a) he/she filed a complaint with the Defendant to prevent the Defendant from entering the management office; (b) he/she arbitrarily pays KRW 300,000 for the preparation of the written complaint; and (c) embezzlements money owned by the victim by:

D. The Defendant filed an application with the J for a provisional disposition suspending the performance of duties (Seoul Northern District Court 201Kahap671) at the Seoul Northern District Court on August 19, 2011, notwithstanding that he/she was not qualified as an officer for the same reasons as that stated in the paragraph at the place described in the paragraph (a).

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