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(영문) 수원지방법원 안산지원 2017.09.08 2017고단1151
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while serving as the general secretary of the Residential Self-Governing Council of Korea from May 2007 to July 2015, 2015, was engaged in the collection and disbursement of D’s joint management expenses for the residents of more than 110 female households, such as victims E and F.

On May 2007, the Defendant received management expenses of KRW 35,786,057 from the full-time general manager of the foregoing D, and from May 2007 to July 2015, the Defendant received KRW 148,50,000 in total monthly management expenses from the victims, and received KRW 157,013,460 in the savings account of a corporate bank (G; hereinafter “D management expenses deposit account”) in the name of the Defendant using the management expenses as the management expenses account, and deposited KRW 27,272,597 in the savings account of a corporate bank (H) in the name of the Defendant, and deposited KRW 27,272,597 in the account of the corporate bank (H) in the name of the Defendant.

During that period, the Defendant,

1. Around January 18, 2008, at the sub-branch of an enterprise bank located in Jung-dong, a company bank transferred 70,000 won out of the management expenses deposited in the deposit account of the aforementioned D management expenses to the deposit account in the company bank account under the name of the Defendant, and consumed them voluntarily for the Defendant’s personal use, such as the Defendant’s living expenses, etc., from that time to February 26, 2015, by means of the same 47 times in total, as shown in the list of crimes (1) of the attached list of crimes committed by February 26, 2015; and

2. On November 4, 201, at a remote and scenic area, 31,765 won out of the management expenses stored in the deposit account of the aforementioned D management expenses was voluntarily consumed for the personal use of the Defendant by making the Defendant pay with the card payment. From that time until June 30, 2015, from that time, up to June 30, 201, the total amount of KRW 7,067,470 was spent by the same method in total 19 times, as shown in the list of crimes (2) of the attached list of crimes.

3. On May 11, 2012, at the sub-branch of a corporate bank located in Gwangju-dong, the Defendant voluntarily consumed for the Defendant’s personal use by transferring KRW 400,000 out of the management expenses deposited in the deposit account of the aforementioned D management expenses to the deposit account in the name of JJ (K), the husband of the Defendant.

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