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(영문) 울산지방법원 2016.06.03 2016고정59
업무상횡령
Text

Defendant

A shall be punished by a fine of one million won and a fine of seven hundred thousand won for each of the defendants B.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A served as the chairperson of the representative meeting of occupants of the apartment complex in Gyeyang-si from September 1, 2007 to August 31, 2014, and Defendant B served as the chief director of the representative meeting of occupants for the same period. Defendant B served as the president of the representative meeting of occupants for the same period from January 1, 2009, and E served as the managing director of the apartment complex from January 1, 2009, and was engaged in the management and execution of various funds, such as apartment management fees.

1. Joint crimes committed by the Defendants

A. On August 201, in collusion with E, the Defendants came to have some defects in the construction work performed by F, a corporation F, which was awarded a contract for replacing the boundary seat in the said apartment complex at the D Apartment Management Office, and received return of KRW 3 million as a deposit for repair of defects from G in the site of the said company, and embezzled them for personal purposes at around that time for the victim D apartment occupants representative meeting.

B. On February 15, 2012, the Defendants, in collusion with E, prepared a written resolution of expenditure as if they were to do installation work of Manle by using a false simple receipt and transaction statement provided by the H representative I, a facility repair business entity introduced through E, even though the Defendants did not perform construction work of Manle in collusion with D apartment house B, and then, the Defendants, on the same day, withdrawn KRW 1.4 million from the corporate bank account (Account Number:J) in cash, which is the management account of apartment house construction funds kept in the course of business, and embezzled it for personal purposes at that time.

2. The sole criminal conduct of Defendant A;

A. On January 3, 2014, the Defendant: (a) donated KRW 600,00 to K Co., Ltd., which received a contract to install a direct emergency call device for 8 elevators of D apartment houses from affiliated L to the management office of D apartment houses; (b) used 600,000 won under the name of the apartment development fund for the victim and embezzled it for personal purposes at his/her own discretion during

B. On December 4, 2013, the Defendant belongs to M, a company that received a contract for fire-fighting system repair works from a management office of DNA apartments.

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