(영문) 창원지방법원 2020.09.02 2020고정317

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(영문) 창원지방법원 2020.09.02 2020고정317

업무상횡령

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From January 1, 2009 to December 31, 2010, and from January 1, 2013 to December 31, 2014, the Defendant served as the president of the council of occupants’ representatives at the window B of Changwon-si (hereinafter “instant council of occupants’ representatives”).

While the Defendant, at the above apartment management office, transferred KRW 300,000 per month (hereinafter “the instant operating expenses”) from the public fund account of the said apartment council to the Gyeongnam Bank account (C) in the name of the 'B representative of the said apartment council’, and separately managed the said apartment, the Defendant voluntarily consumed KRW 2,568,250 over 28 times in total, as shown in the attached Table of Crimes (1), from around February 1, 2010 to December 31, 2014 by withdrawing KRW 130,000 from the Gyeongnam Bank account in the name of the 'B representative of the said apartment,’ and then voluntarily consumed the said apartment.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Second prosecutor's protocol of examination of the accused;

1. Statement made to D by the police;

1. Determination as to the defendant and defense counsel's assertion of investigation report (to hear testimony from the counter phone of witness E)

1. The gist of the assertion is that the instant operating expenses were paid in practice from the beginning of the first session.

The Defendant first used the receipt in line with the purpose of the money, submitted it to the accounting staff, and received compensation from the instant operating expenses following confirmation by the managing director.

As a result, the Defendant used the instant operational expenses for the resident and the victim of the apartment, there is no intention of embezzlement.

2. In light of the following circumstances known through the evidence of the judgment, the Defendant may be found to have the intent of embezzlement.

Therefore, the defendant and defense counsel's assertion is not accepted.

The council of occupants' representatives of this case.

유사 판례

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-대구지방법원 2012.10.18 2012노1343