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(영문) 인천지방법원 2013.07.19 2012고정4857
업무상횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 17, 2010, the Defendant was sentenced to a suspended sentence of two years for the violation of breach of trust at the Incheon District Court, which became final and conclusive on the 25th of the same month.

The defendant is the president of the Nam-gu Incheon apartment reconstruction cooperative, and D is the chairperson of the representative meeting of the above apartment occupants.

D In the event that the above apartment complex is ruptured, and the color of the outer wall is off, and there is a defect, it was delegated the authority to claim and receive the insurance proceeds for the repair of the defect and the construction of the defect from the occupants of the 45 units and the 52 units of the commercial building.

Accordingly, when the Defendant and D claimed and received the defect repair insurance money in the Seoul Guarantee Insurance, the first contractor, E, a corporation, bears 20 million won out of the deposit to be deposited in the Seoul Guarantee Insurance, and the F, a corporation E, a corporation, took out the personal loan to cover the deposit with the personal loan. As such, the Defendant and D agreed with the F to the effect that 25% of the insurance money received should be paid to E and settled the deposit and interest of the C, and the insurance money received as the cost of defect repair, was solicited to use it for any purpose other than the designated defect repair work.

D around January 15, 2010, after receiving KRW 82,775,140 from the Seoul Guarantee Insurance to the new bank account (G) in the name of D as the cost of repairing defects in the apartment, it was immediately transferred from the Seoul Guarantee Insurance to the bank account (I) in the name of H and kept it for 52 households of the above apartment occupant.

D, according to the contents of the Defendant’s bid, 22,841,140 won equivalent to 25% of the defect repair cost was paid to F on January 18, 2010 as the deposit deposit amount of KRW 20 million and F on interest payment for the remainder deposit.

Accordingly, in collusion with D, the defendant used 2,841,140 won of the defective repair cost of the above apartment that D had been kept in office for any purpose other than designated ones.

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