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(영문) 광주지방법원 2014.11.13 2014고정1484
업무상횡령
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant, as the chairperson of the D apartment council, is a person who receives 1,500 won per household in total from the management expenses paid by the above apartment residents, and receives 1,148 won in total as the operating expenses of the council of occupants' representatives every month, and takes charge of the duties of keeping and executing them for the above apartment residents.

On January 30, 2012, the Defendant embezzled KRW 375,00,00, out of the operating expenses of the council of occupants' representatives, which was under his/her business custody for the above apartment residents, for the purpose of the apartment residents, at will, in violation of the provisions of Article 32 of the Multi-Family Housing Management Rules, arbitrarily used them for the former representative and the present representative explanation gift. From the above date to September 13, 2013, the Defendant embezzled KRW 6,512,460, total operating expenses of the council of occupants' representatives for 17 times in total from the above date and time to September 13, 2013 in accordance with the attached Table 2 or 18.

Summary of Evidence

1. Partial statement of the defendant;

1. Rules for the management of collective housing (2010, 2013);

1. Details of use of operating expenses of the council of occupants;

1. Application of Acts and subordinate statutes (the year 2012-2103), such as entry, change, and disbursement resolution;

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the applicable criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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