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(영문) 서울중앙지방법원 2017.08.09 2017고단4570
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 5, 2014, the Defendant voluntarily consumed the amount of KRW 5 million around February 1, 2013, when he/she kept management expenses received in cash from the merchants of the instant commercial building in D for business purposes, at the D office located in the five-story Seoul Jung-gu Seoul Metropolitan Government E commercial building (hereinafter “instant commercial building”).

In addition, the Defendant’s list of crimes in attached Form from February 1, 2013 to November 11, 2016 as well as the list of crimes committed by the Defendant.

1. The sum totaling KRW 108,459,750 was arbitrarily consumed and embezzled in total 20 times as described.

2. The business embezzlement of the victim's commercial building management committee for the commercial building of this case belongs to the management body as the F, etc. newly built and sold at the end of the end of 1994 and the merchant's right to manage the commercial building of this case belonged to the management body. However, a number of commercial buildings owned through E

F, regardless of the management through the above management group, F, etc. led and organized the above committee in order to maintain the influence on the overall business of the commercial building through the commercial operation committee, which is an autonomous organization of merchants, while collecting public relations and event expenses from merchants in the name of the above commercial operation committee under the pretext of promoting and holding events for the entire commercial building, but did not systematically organize and operate an organization to maintain influence of F, etc. and to take charge of public relations activities as a whole of the commercial building. The commercial operation committee has managed the commercial building in the form of drinking-gu without systematic accounting management, such as public relations expenses and event expenses that amount to at least 40 million won per week as the commercial operation committee has been formally maintained, and most of the commercial merchants have been managed without any control since they have not paid special attention to the form or finance of the committee.

On February 2, 2016, the Defendant, at the office of the Commercial Building Management Committee on the fifth floor of the instant commercial building, has overall control over affairs, such as finance, etc.

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