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(영문) 창원지방법원 2017.12.13 2017노2716
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is that the defendant, at the time, has kept the defendant, who was the representative of the representative council of apartment occupants at the time, by stating that "at the time, there is no account to handle 1,500,000 won of compensation for damage caused by accounting, so he/she arbitrarily handles the above money," and has returned it to D.

2. The judgment of the court below also asserted the defendant as above, and the court below determined that the defendant embezzled 1.5 million won as stated in the judgment in full view of all the circumstances in the judgment below.

In addition to each circumstance of the judgment below, the judgment of the court below is just and the defendant's assertion disputing the above is without merit, in full view of the following facts and circumstances, which are duly adopted and examined by the court below.

As a representative of 101, the defendant agreed on D and compensation for damage, and D and the defendant knew that he would use the above money to compensate for damage to the residents and paid the above money to the representative.

Since the amount of the above money is also determined by multiplying the half and half of the cleaning expenses by the total number of 101 households, if the defendant was not the 101 representative, D would not pay 1.5 million won to the defendant in lump sum.

D transferred the said money to the account of the representative meeting of apartment occupants, which the Defendant knew.

The defendant notified the chairperson of the representative meeting of occupants of the process of receiving the above money, and expressed it with the chairperson about how to deal with the above money.

The defendant was the chairperson of the occupants' representative meeting.

F Return to D as long as the money was paid to D.

It was approved by the chairperson of the representative meeting of apartment occupants who agreed to do so, and 1.5 million won was withdrawn from the above account and received in cash with the approval of the disbursement resolution of the management director.

F was aware that the Defendant immediately returned the said money to D until the time when the instant investigation was conducted.

Therefore, the defendant is at the time the representative meeting of occupants.

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