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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
From August 11, 2016 to August 26, 2018, the Defendant served as an employee in charge of accounting of the apartment house B in Busan Dong-gu, Busan, and was in charge of the receipt and disbursement of money, such as apartment management fees, on behalf of the victim B's representative meeting.
1. Occupational embezzlement;
A. On November 18, 2016, the Defendant: (a) prepared a resolution at the management office of the above apartment; (b) made to disburse KRW 3,51,700 from the account of management expenses under the pretext of the long-term repair reserve for October in the course of the management of the residents’ 227 household’s monthly management expenses; and (c) obtained the approval of the head of the management office, the auditor, and the president of the resident’s representative meeting in order; and (d) collected KRW 3,51,70 in cash from the account of management expenses of the above apartment in Busan Dong-gu, Busan; and (e) voluntarily used KRW 3,51,70 from the account of personal debt, living expenses, etc. to August 27, 2018; and (e) voluntarily withdrawn KRW 708,305,000 from the above account to August 27, 2018, as shown in attached Table 1 (F).
B. On January 2, 2017, the Defendant, at the above apartment management office, prepared a written resolution to transfer KRW 10 million from G bank account to C account from G bank account, and obtained approval, and voluntarily used the amount of KRW 10 million in cash from G bank management expenses account (H), and then collected KRW 108,535,800 in total over 36 times from around that time to August 27, 2018, as shown in the attached list of crimes (2).
(c)
On August 31, 2017, the Defendant, at the above apartment management office, prepared a written resolution of expenditure with the purport to disburse inspection allowances, and collected KRW 3,094,40 from Cmiscellaneous revenue account (I) with the approval, and voluntarily used for personal debt repayment, etc. from around that time to August 17, 2018, and collected KRW 11,100,000,000 in total over 11 times, such as the list of crimes in attached Form (3).