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(영문) 수원지방법원 2013.04.11 2012고정3665
업무상횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant has been working as the director of the management office of Suwon-gu Ctel (154 households) from around 2006 in accordance with the entrusted management contract, and has been in charge of overall management of the above officetels, such as collection and execution of management expenses.

On March 24, 2012, through the meeting of the general meeting of the occupant of the instant officetel and the meeting of the officetel management body on April 26, 2012, a new second-class officetel management body consisting of D as the representative of the management body. The Defendant attended the meeting of the officetel management body held on April 26, 2012 and requested the payment of the outstanding amount of KRW 12 million to the head of the management office, but the management body decided to pay it after confirmation if the Defendant submitted evidentiary documents, such as receipts.

On May 29, 2012, at the meeting of the management body held on May 29, 2012, the second management body changed the name of the head of the management office under the name of the defendant as the head of the management office into the joint name of the representative D of the management body and the head of the management office. When the head of the management office disburses the management expenses, he/she decided that the general director of the management body and the representative of the management body

Accordingly, the defendant, as the head of the management office, submitted evidentiary documents, such as receipts, in advance, and obtained approval from the management office, and obtained approval from the general director of the management office and the representative.

Nevertheless, on May 31, 2012, the Defendant embezzled the amount of KRW 13,126,650 by voluntarily withdrawing from the management amount of officetels owned by the victim’s officetel management body, which is kept in the agricultural bank account under the name of the Defendant, and appropriating it to pay the outstanding amount.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement to E by the police;

1. Minutes of the principal of a complaint and the meeting of the managing body of officetels ( April 26, 2012), the meeting minutes of the managing body of officetels (by May 29, 2012), and the meeting minutes of the managing body of officetels:

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