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(영문) 대구지방법원 2015.07.24 2015고단2377
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From February 2, 2014 to March 2015, the Defendant collected management expenses and reserves for long-term repairs from occupants as the chairperson of the council of occupants' representatives of the victim D building in Daegu Suwon-gu, as the chairperson of the council of occupants' representatives, and paid the electric charges, etc. of each household and common areas in the management expenses and reserves for long-term repairs in custody and paid the administrative expenses, preservation and disbursement of personnel expenses and expenses incurred in replacing elevators.

From February 2014, the Defendant received the public funds of the above apartment complex, such as long-term repair appropriations, from the occupant of the above D building, from the victim's deposit account (Tgu Bank E, F, Cheonggu Round G, and Y) in the name of the victim, and had the victim keep them in custody on his/her business for the council of occupants' representatives.

1. On March 11, 2014, the Defendant, while keeping the long-term repair appropriations, etc. for a victim for business purposes, voluntarily terminated the account under the name of the victim at the 1-dong branch of Daegu Bank located in 1, Dosan, Daegu Bank located in 1277-19, Daegu-gu, Daegu-gu, Daegu-si, and embezzled the account by arbitrarily consuming the amount of KRW 98,132,728 deposited in the said account, and voluntarily withdrawing the total amount of the long-term repair appropriations deposited in the said account under the name of the Defendant’

In addition, from around that time to March 17, 2014, the Defendant terminated the account of the Korea Telecommunication and the Korea Agricultural Cooperative through the same method three times as shown in the attached Table of Crimes, and immediately embezzled the total amount of the long-term repair appropriations deposited in each of the above accounts by withdrawing the total amount of KRW 175,245,853 as well as the long-term repair appropriations deposited in each of the above accounts, under the pretext of personal debt repayment, etc. of the Defendant.

2. As above, while the Defendant kept reserves for long-term repairs, etc. for a victim’s business, he/she can arbitrarily receive part of the replacement price for the above apartment elevator that the victim is obliged to pay to his/her modern elevator (owner) and use it for personal purposes. D buildings located in Daegu Suwon-gu C around April 9, 2014.

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