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(영문) 부산지방법원 2016.09.22 2016고단3652
업무상횡령등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. From May 10, 2003 to May 19, 2016, the Defendant served as the head of the E-building and rearrangement cooperative located in Busan Dong-gu (hereinafter “cooperative”) and was in charge of managing the funds of the association.

[The reasons why the defendant's management of embezzlement money] On June 30, 2003, while he was selected as a Si/Gun/Gu-invested company and continued a reconstruction project, the above union was requested to transfer the public land necessary for reconstruction project to the Busan Metropolitan City's head of Dong-gu, which was located in the reconstruction zone on June 30, 2005, without compensation. However, the above union was rejected.

Accordingly, on September 27, 2007, the said cooperative purchased 4,018 square meters and 2 lots, other than 4,636,69,600 square meters and 4,018 square meters of the Fridong-gu Busan Metropolitan City and Dong-gu, Busan Metropolitan City (hereinafter “Gu maintenance”), which is the maintenance of Dong-dong-gu, and completed the reconstruction project on July 30, 201, and paid the operating expenses of the cooperative, including the Defendant’s president, by September 201.

However, on September 26, 2012, when two years have elapsed since the completion date of the reconstruction project, the Defendant filed a lawsuit seeking refund of unjust profits (17526 % in Busan District Court 2013) with the Busan District Court to the effect that the maintenance of the Gu, which had been sold by Dongdong-gu to the Busan District Court, constitutes “infrastructure for maintenance owned by the State or a local government that is transferred without compensation to the project implementer” under the latter part of Article 65(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and thus, the sales contract is null and void, and thus, the Defendant received a partial winning decision on December 11, 2013 from the Busan District Court 2013, and received KRW 1,73,252,530 from the national bank account in the name of the cooperative to keep it for business purposes.

[Embezzlement] The Defendant, on December 23, 2013, has been in custody for the return of the above unjust profits for the victim’s association on December 23, 2013, while keeping them in custody.

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