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(영문) 수원지방법원 안산지원 2014.07.15 2014고단505
업무상횡령
Text

The defendant shall be innocent.

Reasons

1. From April 2008, the Defendant, as the director of the management office of the E-building shop in Ansan-si, was engaged in the management of the above commercial building from around April 2008, and deposited the management fee of the commercial building in the new bank account (G) account under the name of F, the Defendant withdrawn KRW 300,000 on August 3, 2009, for the management office fee of the commercial building and the cost of purchasing equipment, and consumed it for personal use, such as the expenses for the management office of the commercial building, in mind, from the day of Ansan-si to the day of Ansan-si.

From around that time to November 30, 2011, the Defendant released total of KRW 9,131,500 through 29 times, such as the list of offenses, and consumed it in mind.

Accordingly, the defendant embezzled the victims' property.

2. According to the records, the E Association shall hold an extraordinary general meeting on March 27, 2008 (hereinafter “instant prosperity”) and elect F as the president, H as the vice president, H as the auditor, J as the auditor, and K as an advisor. The chairman of the prosperity may appoint the director of the management office and the management staff, determine wages, pay, handle dismissal, etc., and have resolved that the management office may be established and operated by the prosperity. Article 3(2) of the amended prosperity Articles of association of the Association of this case provides that “Where the use of the section for common use is not intended, or there is a aesthetic problem, the management office may use the section corresponding to the section for common use within the commercial building without compensation (if the use of the section for common use is not intended, or there is a problem with the aesthetic view, it may use the part corresponding to the section for exclusive use, and in this case, it shall pay rent and other expenses according to the contract with the party to the section for exclusive use, and the management and management council of this case shall conclude the contract with the manager and manager.

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