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(영문) 대구지방법원 2018.04.27 2017고정1758
업무상횡령
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From October 2009 to December 31, 2016, the Defendant is a person who has been engaged in the management of apartments as the apartment management complaint in Busan Metropolitan City from around October 2009.

From July 2010 to July 2010, apartment miscellaneous income managed by the defendant should be covered by the reserve fund within the range of 2% of the total budget for management expenses in accordance with Article 59 of the Management Rules, and the remaining money should be covered by the long-term repair reserve fund.

From June 2013, the revised management rules Article 59 of the amended management rules could first be disbursed in order to revitalize the community and promote residents' autonomous activities through the resolution of the council of representatives of occupants, and the remaining money has been accumulated as reserve funds.

At the end of July, 2010, the Defendant received KRW 80,000 from the representative E of the apartment management office of the above apartment, in return for the collection of the clothes, which are recycled goods, and used them as expenses for the staff of the management office without having gone through a resolution of the representatives of occupants’ meetings, without setting up reserve funds or the long-term repair allowances.

In addition, from February 2016, the Defendant consumed the total of KRW 5,520,00,000 per month from the time to February 2016 as the name of the management office operating expenses, such as food expenses, not under the name of the above management regulations.

Summary of Evidence

1. The legal statement of witness F and G;

1. Statement that the defendant used 80,000 won per month for the purpose of collecting clothes from D Company E in return for the collection of clothes from July 2010 to March 2016, among the protocol of suspect interrogation of the police officer against the defendant;

1. Among the first police statement against the defendant, the statement that the resident F was put in the minutes of the meeting of the prior occupants' representatives with "the cost of collecting Doll clothes" in addition to the contents of the management office's expense, when the resident F was at issue.

1. Each police statement made to F, G, and H;

1. The defendant and his own food expenses received the payment for the collection of clothes in the police statement from I.

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