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(영문) 서울북부지방법원 2016.04.06 2015고단4434
업무상횡령
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant, from April 1, 2012 to April 13, 2015, was in charge of the approval and execution of the budget and settlement of accounts for apartment management expenses, including the long-term repair allowances, by taking charge of the duties of the president of the representative conference of occupants of D Apartment-gu Seoul Metropolitan Government.

The representative meeting of occupants and the management entity shall not use the long-term preferential appropriation fund for apartment houses for any purpose other than its original purpose, and shall manage it in a separate account in a financial institution designated by the representative meeting of occupants.

While the Defendant kept the long-term repair allowances of the above apartment, on April 30, 2014, without going through a resolution of the council of occupants representatives around April 30, 2014, the Defendant subscribed to the Samsung Fire Savings Insurance with interest of 3.9% at maturity and only a part of the principal at the time of termination, with the maturity of KRW 10,905,50 per month from the long-term repair allowances so that the Defendant’s husband E, a non-party to the insurance design of Samsung T&T, can receive the total amount of KRW 6,200,000,000,000,000 from the insurance premium by April 30, 2015.

2. The Defendant and his defense counsel’s assertion has set aside a long-term repair allowance to the new bank installment savings account, and only changed the reserve account to receive a higher interest rate than after the maturity of the said account comes.

Therefore, the crime of embezzlement is not established since the defendant did not have the intention to acquire illegal property.

3. The judgment that the defendant did not go through the resolution of the tenant representative meeting with respect to changing the long-term repair reserve fund account, that the husband set aside the long-term repair reserve fund into the savings and insurance account of Samsung fire with the insurance designer so that her husband can receive allowances, and that the insured is the defendant himself.

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