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(영문) 서울북부지방법원 2018.03.29 2017고단5494
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant engaged in occupational embezzlement from April 1, 2016 to March 30, 2017, while serving as the head at the Nice Center for the Operation of the Representative Council of Residents of Victims D Apartments located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and engaged in the management of the Center and the collection of membership money.

On May 9, 2016, the Defendant received 240,000 won from apartment residents E as a non-member of the Fice Center, and kept in custody for the victim, the Defendant prepared a receipt with the content that he received membership fees, omitted submission of the receipt at apartment management office, and consumed the above 240,000 won for personal purposes.

In addition, the Defendant embezzled the total amount of KRW 6,135,00,000 owned by the victim in occupational custody over 39 occasions by omitting the receipt from May 9, 2016 to March 1, 2017 or by receiving refund after being admitted by a false member.

2. The Defendant in breach of trust, from April 1, 2016 to March 30, 2017, has served as the head at the Nice Center for the Management of the Victim D Apartment Residents' Representative Association located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and has been engaged in the management of the Center and the collection of membership money.

Around July 26, 2016, the Defendant used the F and G for the use of the F and G for the personal recovery of the former resident representative conference F and the apartment representative G, without receiving KRW 720,000,680,000 from the F and G, for the purpose of the personal recovery of the former resident representative council member F and the apartment representative G, even though he/she did not receive the payment of KRW 720,00,00 from the former resident representative council member.

As a result, the defendant has acquired financial benefits equivalent to the sum of 1,440,000 won from F and G in violation of occupational duties, and the victim is equivalent to the same amount.

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