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1. The Plaintiff, Defendant B, Defendant C, Defendant C, KRW 2,998,455, and each of the above amounts, from October 1, 2013 to October 1, 2015.
Reasons
Basic facts are the council of occupants' representatives consisting of the occupants of A apartment located in Gangdong-gu Seoul Metropolitan Government (hereinafter "the apartment of this case"). Defendant B served as the chairperson of the plaintiff from around 2004 to October 12, 2010. Defendant C served as the chairperson of the plaintiff from October 13, 2010 to August 2013.
Defendant B collected public funds such as apartment management expenses from the occupants of the apartment in this case as the public account for apartment management expenses (one bank E; hereinafter referred to as the “public account”), and around February 8, 2007, from Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as the “Seoul Guarantee”), Defendant B transferred KRW 21,087,840 to the personal account in the name of Defendant B (one bankF; hereinafter referred to as the “individual account”) as the warranty insurance money for the apartment in this case and kept it for the Plaintiff.
Defendant B, around July 9, 2007, withdrawn KRW 9 million from among the above defect guarantee insurance deposited into the above public account and deposited it into the above public account, and used KRW 12,045,369 in order to repay its loans to one bank. On July 16, 2007, Defendant B withdrawn KRW 10 million from the public fund deposited in the above public account in the above public account as one copy of the check and used it for personal use. On March 5, 2008, Defendant B used KRW 10 million from the public fund deposited in the above public account to the bank account in the name of Defendant B (bank G).
Since then, Defendant B was prosecuted for embezzlement of KRW 49,527,760 in total of the Plaintiff’s public funds and the defect liability insurance money through 62 times.
The indictment was modified only for the embezzlement of subsection B, and this court is against the defendant B on January 22, 2015.
The 2-year suspended sentence was sentenced to the Embezzlement 6-month imprisonment, and the above judgment became final and conclusive around that time.
(This Court 2014 High Order 2279). [No dispute exists on the basis of recognition].