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(영문) 서울중앙지방법원 2013.04.25 2012고단4864
업무상횡령
Text

Defendants shall be punished by imprisonment for up to eight months.

However, for two years, the above sentence shall be executed against the Defendants.

Reasons

Punishment of the crime

Defendant

A, from March 4, 1990 to February 28, 2002, as the market founder of the trade name of the International Cooperative located in H in Guro-gu Seoul Metropolitan Government (the “J” located in the same place, is a small and medium enterprise cooperative that has been in charge of the aboveJ’s management; hereinafter “cooperative”) and was in office as the president of the saidJ’s management committee from January 20, 206, and was in charge of the aboveJ’s management from January 20, 2006. Defendant B was in office as the president of the instant cooperative from March 1, 2002 to January 201.

From around 196, the association of this case started disputes and disputes between the Defendants, some members of the association, and sectional owners due to the uncertainty in the operation of the association in relation to the purchase of building sites, the selection of construction sites, and the disbursement of construction costs, while promoting the new construction of J Condominium.

Due to such conflict and dispute, both parties have formed conflicting relations over several times, such as holding of a general meeting of partners between the Defendants and the members, election of union officers, appointment of union president, appointment of temporary director, invalidation of the establishment of a steering committee, suspension of duties for the president and suspension of duties for the president, filing complaints and accusations against each other in criminal cases such as occupational embezzlement, obstruction of duties, and non-existence of duties, etc., and the Defendants have paid the fees for attorney-at-law and legal advisory fees for the same civil criminal cases as the funds of the partnership.

1. On May 28, 2008, Defendants A and B jointly engaged in occupational embezzlement were at the office of the JAA Dong 10th of the instant association located in Guro-gu Seoul, and while managing the property of the instant association and keeping the union expenses in the course of performing their duties, Defendant A and B paid 20 million won to the K attorney-at-law at their own expense as the retainer of the case for occupational breach of trust in Seoul Southern District Prosecutors’ Office No. 2008 type 32050 on the same day.

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