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(영문) 수원지방법원 안양지원 2017.01.12 2016고단1602
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 12, 2015 to March 31, 2016, the Defendant served as the management warden of the 3rd underground floors, the 35th above ground and the 3rd square meters of the total floor area of the 3,000 square meters (hereinafter “E building”) of the building (hereinafter “E building”), which are D facilities located in Ansan-gu, Jeonyang-si from around April 12, 2015 to around March 31, 2016, and is a person who collects expenses for the maintenance, management, and management of the said building from each sectional owner and performs the duties of managing and executing the money.

1. The Defendant: (a) ordered F, the head of the accounting team, to prepare an application for approval of funding as a director of the above E building management; (b) obtained approval from G, the managing director; (c) obtained approval from the KB bank account (Account Number (H) in the name of the council to manage the E building; and (d) withdrawn funds from the management unit account with the knowledge of the victim’s withdrawal of funds from the KB bank account in the name of the council to be useful; and (c) received the money from the management unit account with the awareness of the fact that it could be withdrawn from the account to be used;

Accordingly, during the period of Jun. 15, 2015, the Defendant transferred the amount of KRW 74 million from the conference account in the name of the Defendant to the KB bank account (Account Number:K) account in the name of the Defendant at the KB bank E branch of the Gu KB Bank E branch in Ansan-si, and transferred the amount to the N bank account (Account Number:O) in the name of the new bank account (Account Number: M) in the name of the auditor of the building E.

As a result, while the defendant kept the operating funds of the building management group for business purposes, he arbitrarily used the above funds as the contract deposit for the sale of Jtel in Mapo-gu Seoul Metropolitan Government, and embezzled the property of the victim.

2. When the Defendant received a request from the above E Building Management Group G to “the money to be used for personal business is to be used urgently as necessary,” from the said E Building Management Group G, from a person with the final approval authority for the disbursement of the funds managed after the crime of paragraph 1, the Defendant was in charge of occupational embezzlement of KRW 60 million, the money from the above management unit account in the name of the victim.

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