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(영문) 창원지방법원 2019.07.24 2018고단3616
업무상횡령
Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive against Defendant B.

Reasons

Punishment of the crime

Defendant

A is a person who was in the accounting of the above apartment management office from January 201 to December 2016 at the Sungwon-si Management Office of the above apartment, and from February 2011 to November 2016, Defendant B is a person who was in the accounting of the above apartment management office from February 2011 to November 2016, and the Defendants were working as members of the above apartment management office, while performing the duties of managing the operating fund by entering and withdrawing the management expenses received from the members of the above apartment management office in order to the occupants of the apartment.

1. The Defendants’ co-principal

A. The Defendants, in collusion with the Defendants in the head of the management office around May 23, 2014, voluntarily consumed KRW 10,711,000 in total on 12 occasions from the above date to August 19, 2016, including: (a) 300,000 from the above account as retirement reserve funds for personal use without any ground, even though they did not have accumulated the management expenses deposited in the D bank account (number E) under the name of the management office around May 23, 2014; and (b) was engaged in the management of the said apartment for the victims of the above apartment; and (c) was arbitrarily spent from the above date and time to August 19, 2016.

As a result, the Defendants conspired and embezzled the property of the victim while on duty.

B. On March 9, 201, the Defendants conspired to engage in occupational embezzlement in the passbook of separate collection expenses, and kept separate collection expenses deposited in the D bank account (number: F) under the name of the management office around March 9, 201 for the said apartment residents, and withdrawn cash of KRW 160,000 from the said account on behalf of the said apartment residents, and Defendant A voluntarily used them for personal purposes by depositing in cash in the D account (G) in the name of the management office newly created by Defendant A, and then withdrawing them again by December 1, 2016 from the said date and time to December 1, 2016. In total, 10.

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