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(영문) 서울남부지방법원 2018.03.23 2018고정31
업무상횡령
Text

Defendants shall be punished by a fine of 2.5 million won.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Criminal facts

Defendant

From November 2012, A, as the representative manager of the Seoul D Officetel, was delegated by the owners of the above officetels classification, and took overall charge of the duties, such as the receipt and management of the allocation amount for the operation and management of the management division. From January 26, 2013, Defendant B, as the manager of the above Officetel, took charge of all duties for the management of officetels including the collection, storage, and execution of the management expenses of the above Officetel, long-term repair allowances, etc. as the manager of the above Officetel.

The Defendants used a new bank E account in the name of the D Officetel building management committee to keep the said officetel’s long-term repair reserve. As the above officetel’s long-term maintenance reserve was specified for the purpose and purpose of replacing and repairing major facilities, etc. that inevitably occur due to the deterioration of the instant officetel, the Defendants embezzled the above long-term maintenance reserve from the new bank account with the above long-term maintenance reserve fund for the purpose other than the limited purpose on April 23, 2015, even though the Defendants entrusted the above long-term maintenance reserve fund and executed the said long-term maintenance reserve fund and did not use the funds for the purpose other than the limited purpose. However, the Defendants embezzled the above long-term maintenance reserve fund under the name of 42 million won for G representative director of the F Office of Seoul Southern District Court 2014Kadan 49092.

As a result, the Defendants conspired and embezzled the property of the victim who was under custody in the course of business.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Rules on the management of the building of this case

1. A copy of the passbook E in the name of the Committee for Management of Dteltels;

1. Documents and receipts of the Seoul Southern District Court 2014 Ghana 49092 Recommendations for settlement of unjust profits;

1. Application of Acts and subordinate statutes concerning the minutes of a committee meeting of the 47th officetel;

1. Relevant provisions of the Criminal Act and Articles 356, 355 (1), and 30 of the Criminal Act, and the choice of fines for the crime;

1. Attraction of a workhouse;

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