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(영문) 부산지방법원 2018.11.27 2018고정1537
업무상횡령
Text

Defendants shall be punished by a fine of one million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the president of the Busan-gu Seoul-gu Council for Residents' Representatives from August 1, 2015 to September 30, 2017, and Defendant B was engaged in the management of apartment management expenses, such as long-term repair allowances, as the above apartment management warden from November 1, 2014 to December 6, 2016.

The long-term repair allowances shall be used only for the purpose of replacing or repairing major facilities of multi-family housing in accordance with the long-term repair plan.

Nevertheless, from February 26, 2016 to May 2016, the Defendants conspired and embezzled the long-term repair allowance of KRW 104,362,234, which was under business custody, for the cost of the windowing construction work in the window mold, to D Co., Ltd., an exclusive part.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made by the police for E;

1. Application of the statutes on contracts for construction works;

1. The Defendants: Articles 356, 355 (1) and 30 of the Criminal Act; and Articles 356, 355 (Selection of Penalty) of the said Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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