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(영문) 광주지방법원 2013.12.20 2013고단2698
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than three 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

The Defendant was a person who was concurrently holding the office of president and head of management office of Gwangju Mine-gu from May 1, 2012 to September 16, 2012.

1.(a)

On May 12, 2012, the Defendant embezzled by arbitrarily using 300,000 won, while receiving management expenses for the portion from each of the above apartment residents, who are victims, in the above apartment management office on April 2012.

B. On August 31, 2012, the Defendant, at the above apartment management office, embezzled by arbitrarily using 970,000 won while receiving a pro rata management fee from each of the above apartment residents, who are victims, and storing it for business purposes.

2. As above, the Defendant is concurrently the head of the autonomous apartment association president and the head of the management office, and even if there were occupational duties to accurately impose and collect management expenses according to each of the joint ownership parts of the household members, the size of the section for exclusive use, electricity, gas consumption, etc., in violation of such duties, when imposing management expenses on August 20, 2012, KRW 40,000 for each household, 302 tenant D and 902 tenant's name in the name of the occupant in the name of the occupant in the name of the occupant in the name of the occupant in the name of the occupant in the name of the occupant in the name of the occupant in the name of the occupant in the name of 1.402, the Defendant arbitrarily exempted the occupant from each of the above exempted items, thereby causing property damage of KRW 100,000,000 for each of the above items.

3. The Defendant: (a) on July 28, 2012, replaced the underwater mortar pumps in the foregoing apartment purification structure with a lowerman on the ground of the foregoing apartment; and (b) paid a construction cost of KRW 4050,000 to a lowerman; and (c) from August 28, 2012, the Defendant paid a total of KRW 4050,000

9. Multi-family housing with the head of the Gwangju Metropolitan City Mining Office around September 2012, even though the construction executor had had Do construction perform the repair work of septic tanks or paid the construction cost of 6 million won until March 2012.

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