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(영문) 수원지방법원 안산지원 2017.04.21 2017고정174
업무상횡령
Text

Defendant

A A shall be punished by a fine of KRW 2.5 million, and Defendant B shall be punished by a fine of KRW 5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B is the E apartment management complaint from September 1, 2012 to September 15, 2015, and Defendant A works as the representative of the occupants of the above apartment from August 2008 to March 31, 2015.

The defendants shall use the management expenses received from the residents of the above apartment complex for the management of the common area of the above apartment complex, and the revenues other than the management expenses may be disbursed preferentially as expenses necessary for the promotion of the community and the promotion of residents' autonomous activities, but shall not be used arbitrarily for the personal interests of the members of the council of occupants, the housing management business entity, and their employees.

1. Defendant A

A. The Defendant, as above, worked as the president of the representative meeting of occupants of the above apartment complex, and embezzled the amount of KRW 2,318,580 from February 10, 2010 to KRW 2,318,580 from the fact that he/she arbitrarily used the gift purchase cost for each of the representative events of the above apartment complex, and embezzled the amount of KRW 11,352,100 from the time to January 25, 2012, including the amount of KRW 11,352,10 from the time when he/she arbitrarily consumed the total amount of KRW 11,352,10,00 from January 1 to 25, 2012.

B. The Defendant, as above, worked as the president of the representative meeting of occupants of the above apartment complex, and embezzled KRW 2,428,100 from February 10 to July 25, 2012 by arbitrarily using the amount equivalent to KRW 2,428,10 from the management office’s employees’ day gift purchase cost as well as embezzlement of KRW 16,786,680 from July 25, 2012, while he/she received and retained management expenses and revenues, other than management expenses, to the account in the name of “E apartment” in the name of “E apartment.”

2. Joint crimes committed by the Defendants

A. The Defendants are occupational embezzlements on the pretext of the purchase cost of the gift on the representative New Year’s Day as above.

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