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Reasons
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(영문) 서울중앙지방법원 2013.10.04 2012고정3743
업무상횡령등
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[2012 high-level 35] The Defendant is a person who is operating D Saccina at the fourth and fifth floor in Seongbuk-gu Seoul Metropolitan Government.

On June 28, 2011, the Defendant sent by mail a notice of notification stating that “If the parking cost for May 5 is unpaid by July 5, 201, the payment for the parking fee for the attached parking lot will be at the time of deposit, the Defendant would suffer disadvantage” to the occupants of the attached parking lot 1, 2, and 3, as if C had the right to manage the parking lot and collect the parking fee for the attached parking lot, and the notice of payment for the parking fee for May and June 201.”

As a result, the Defendant exercised power as above, and spread false facts as if he had the right to pay parking fees, thereby obstructing the management of parking lots and the collection of parking fees in which the victim E entered into a lease agreement with C Superior Association and operated the parking lot.

[2013 High Court Decision 2013Da3743] The Defendant is a person who is in charge of various duties under C, such as managing the parking expenses in the parking lot in accordance with the rules of the above prosperity conference, while serving as the president of the Victim C Superior Association from January 1, 2006 to December 31, 2007.

Around January 6, 2006, the Defendant received KRW 7,776,427 as parking expenses from E in the name of a parking lot and deposited it in the savings account in the name of a single bank under the name of the Defendant and kept it for the victim on his/her duty.

1. Around September, 190, among them, withdrawn 7,000,000 won as construction cost, and around that time, he arbitrarily consumed it for personal use by the defendant and embezzled it.

Summary of Evidence

[2013 fixed35]

1. Legal statement of witness E;

1. A copy of a contract for parking lot lease (six pages of investigation records);

1. A written notification (17 pages of investigation records);

1. Statement made by a witness F in the third protocol of the trial;

1. A written statement of the G Preparation;

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