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(영문) 서울북부지방법원 2018.05.03 2017고정1239
업무상횡령
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2017 High 1239] The defendant works as the head of the Seongbuk-gu Seoul Family Redevelopment and Development Project Association in Seongbuk-gu Seoul, Seoul, and has overall control over all the administrative affairs of the association, such as storing operating expenses of the association in the course of business.

1. On March 21, 2016, the Defendant, at the above partnership office around March 21, 2016, embezzled the Defendant’s funds 20 million won as attorney fees by approving a document stating that the Defendant shall pay 20 million won as attorney fees in spite of the fact that the said case is against the Defendant’s tort, such as violation of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments, occupational embezzlement, occupational embezzlement, and occupational breach of trust, etc.

2. On August 25, 2016, the Defendant’s occupational embezzlement was issued a summary order of KRW 700,000 on July 29, 2016 by the Seoul Northern District Court to the offense of violating the Act on the Maintenance of Urban and Residential Environments, and became final and conclusive August 26, 2016.

The contents of the above summary order are that the defendant entered into a contract to increase the construction cost, which is the burden of the union members without the resolution of the general meeting, and the above case is about the defendant's illegal act, and therefore, the above case approved the document to pay 700,000 won under the name of the above union's funds, and ordered the person in charge to transfer it to the employee in charge, and embezzled it under the name of the fine, by ordering the person in charge to transfer it to the victim E-Housing redevelopment improvement project

[2017 Highly 1705] Defendant is a victim E-Housing Redevelopment and Improvement Project Association (hereinafter “victim”) located in Seongbuk-gu Seoul from April 2006 to November 201, 2016 in Seongbuk-gu Seoul.

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