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(영문) 창원지방법원 2017.09.07 2017고정296
횡령
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On August 2013, the Defendant served as a representative meeting of occupants of apartment C in Kimhae-si and a representative meeting of 101 Dong.

On August 22, 2013, with respect to the construction of the above apartment site 101 front of the above apartment site, the Defendant was delegated to the Defendant that the owner of the building remitted KRW 1,500,000 to the NAC bank (E) which is the above apartment management account, under the pretext of cleaning the said apartment site 101 construction site, the Defendant returned the above KRW 1,50,000 from F, the president of the representative meeting of the victims occupants at the time.

On August 30, 2013, the Defendant withdrawn the above KRW 1.5 million from the apartment management account from the G of the above apartment management office’s account and received the said KRW 1.5 million in cash and embezzled for the victim, without returning it to the said D around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and F;

1. A protocol concerning the examination of the police officers of the accused;

1. Expenditure resolution;

1. Investigation report (to listen to statements by A telephone and report);

1. In full view of the following circumstances revealed in light of the evidence duly adopted and investigated by this Court, the Defendant’s embezzlement of KRW 1.5 million as indicated in the facts charged can be acknowledged.

(1) On August 2013, the Defendant was doing construction of a golf course near the apartment of this case.

D by finding out D, it agreed to receive KRW 1,50,000,000 from residents of the apartment complex in the name of cleaning expenses for 101 residents of the apartment complex who suffered damage due to the separation of construction, and D transferred KRW 1,50,000,000 to the apartment management account in this case.

② The Defendant did not notify the residents of 101 of the contents of the negotiations with D and the fact that 1.5 million won was received by agreement.

③ The Defendant, at the time, distributes 1.5 million won to F, the president of the resident representative meeting, to F, is less than the amount, and thus, returned to D once, 1.5 million won.

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