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(영문) 수원지방법원 성남지원 2017.02.22 2016고단3377
업무상횡령
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Since July 2015, the Defendant is the president of the representative meeting of occupants of the Seongbuk-gu Seoul Metropolitan City, Seongbuk-gu, and is engaged in various affairs, such as approving and supervising the expenditures of various funds, such as the long-term repair allowances.

The Defendant, as prescribed by the long-term repair plan, has used the long-term repair allowances only for the purpose of replacing and repairing major facilities, but on August 18, 2015, he/she embezzled the long-term repair allowances of KRW 22,036,270, which were in his/her business custody, to “E” as expenses for the diagnosis of defects in the above apartment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Complaint;

1. Minutes of each resident representative meeting;

1. An opinion on the payment of expenses for diagnosis of defects;

1. Seongbuk-nam Assistance 2016 and 485 text [the expression "an intention of unlawful acquisition in the course of occupational embezzlement" refers to an intention to dispose of the property of another person in violation of his or her occupational duties as if it were his or her own property, or to dispose of it under the law, with the intention of seeking the benefit of his or her own or a third party. The act of using funds for purposes other than the limited purpose upon being entrusted with a strictly limited amount of funds by others is not only derived from the personal purpose, but also from the act of using funds to the entrusting person, and even if the entrusted person is exempted from paying the funds, the act of using funds itself constitutes embezzlement (see, e.g., Supreme Court Decisions 2003Do6988, May 27, 2004; 2002Do366, Aug. 23, 2002). Moreover, according to the Housing Act, the Enforcement Decree of the Housing Act and the management regulations under its delegation, it is replaced by a long-term repair plan or its representative facilities.

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