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(영문) 의정부지방법원 고양지원 2017.06.30 2017고정238
업무상횡령
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

B From September 30, 2010 to September 30, 2012, the chairperson of the Seongdong-gu Seoul Metropolitan Council for Residents' Representatives, and the defendant A who has been in office as a general director of the above tenant representative meeting. According to the management rules of the above apartment, the operating expenses of the council for occupants' representatives consisting of 200,000 won per month for the chairperson's performance of duties, 50,000 won per month for the chairperson's performance of duties, 2/3 hours per month for the chairperson's performance of duties, 50,000 won for the attendance of the meeting, 50,000 won

On January 13, 2011, the Defendants received 650,000 won from the person in charge of the accounting of the above tenant representative meeting on January 17, 201 from the person in charge of the above tenant representative meeting from the above tenant representative meeting on January 17, 201, the 150,000 won of the attendance allowance for the 13 executive officers of the above tenant representative meeting to the account under the name of Defendant B and used 150,000 won of the attendance allowance for the 3 non-member of the meeting to the account under the name of Defendant B.

In addition, from around that time to January 16, 201, the Defendants arbitrarily used KRW 100,000 on February 21, 2011, KRW 100,000 on March 21, 2011, KRW 150,000 on April 18, 2011, KRW 50,000 on May 16, 2011, KRW 50,500 on June 20, 201, KRW 10,000 on July 18, 201, KRW 50,00 on September 19, 201, KRW 50,000 on October 21, 201, KRW 10,000 on November 21, 201, KRW 16,500 on December 16, 201.

As a result, the Defendants conspired to use funds beyond the scope of operating expenses of the representative meeting of occupants and embezzled at will while keeping a total of one million won, which is the ownership of the representative meeting of occupants.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each police statement made to E and F;

1. The complainants and their accompanying documents (Evidence Nos. 2 through 7 of the evidence list) (the Defendants did not have any unlawful acquisition intent or intent, and even if deemed embezzlement, they did not go against the social rules in light of the previous disbursement practices. However, the Defendants are entitled to allowances for attendance at meetings.

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