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(영문) 광주지방법원 목포지원 2014.09.19 2014고단1166
업무상횡령
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From December 1997 to September 27, 2013, the Defendant served as the director of the management office of Hoposi apartment, and had been in the position of keeping the management expenses and long-term repair appropriations deposited in each of the above accounts, such as managing the management expenses (a new bank: C, Gwangju Bank: D, foreign exchange bank) and the passbook of long-term repair appropriations (a new bankF) owned by the council of occupants' representatives.

1. On August 5, 2010, the Defendant embezzled deposits in the account of long-term repair appropriations (hereinafter “long-term repair appropriations”) and embezzled the amount of KRW 22,50,000 from the said account using the seal impression of the said long-term repair appropriations account that the Defendant kept at the lower point of a new bank located in Sinpo-dong, Sinpo-dong, as a check, and then arbitrarily used it for personal debt repayment

In addition, from that time to September 6, 2013, the Defendant withdrawn total of 88,328,510 won from the account of the long-term repair appropriations from total of 22 times, and embezzled it by arbitrarily using personal debt repayment, etc.

2. On March 2, 2010, the Defendant embezzled a nominal withdrawal of reserves of long-term repair appropriations from 17,532,270 won from the management expenses account of a new bank of the said apartment at the lower point of a new bank located at Sinpo-dong, Sinpo-dong, and then embezzled the amount of KRW 2,734,650 from the reserves of long-term repair appropriations to the said account, notwithstanding the fact that the reserves of long-term repair appropriations should be transferred to the said account, the Defendant arbitrarily used them for personal

From that time to April 30, 2013, the Defendant embezzled total of KRW 50,221,310 through 19 times, such as the list of crimes in the attached Table (2) from that time, by using the same as personal debt repayment, etc. without remitting the total amount of KRW 50,221,310 to the account of the long-term

3. The Defendant, on May 3, 201, embezzled money under the pretext of the payment of health insurance premiums, cable TV charges, and water supply and sewerage charges, shall be the management expenses for the foreign exchange bank of the said apartment at the location of the foreign exchange bank boom-dong on May 3, 201.

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