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(영문) 서울중앙지방법원 2016.10.13 2015고단8175
업무상횡령
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of 500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. From July 10, 2010 to July 10, 2010, Defendant A is the president of the D-building and maintenance project association in Jongno-gu Seoul Metropolitan Government (hereinafter “association”) who is in the position of exercising overall control over the affairs such as the operation and management of property of the association.

Around October 31, 2011, the Defendant: (a) arbitrarily withdrawn KRW 20,036,000 on the same day from October 31, 201 to October 30, 2013; and (b) arbitrarily embezzled KRW 1,3 through 5,7 through 9, 11 through 14, 16 through 19, 21, and 22 on each of the statements (limited to the guilty part) in the name of the partnership’s name and the Defendant’s name; and (c) arbitrarily withdrawn KRW 21,21,278 on 17 occasions, as indicated in the relevant provisions, from October 31, 201 to October 30, 2013.

2. Defendant B, from March 27, 2008 to July 2012, 201, was engaged in the duties of providing full-time services in the partnership office and assisting the president of the partnership.

A project implementer, such as partnership executives, shall make public the details of the monthly funds deposited and withdrawn in relation to the implementation of an improvement project along with the Internet and other methods within 15 days after preparing or changing the details of the monthly funds deposited and withdrawn.

Nevertheless, the Defendant, in collusion with the president A, did not disclose the details of the monthly funds deposited and withdrawn on the Internet, etc. within 15 days from July 10, 2010 to the Haman on July 2012.

Summary of Evidence

1. Legal statement of witness E;

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police interrogation protocol against the Defendants

1. E prosecutorial statement;

1. Statement to E by the police;

1.Each.

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