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(영문) 서울서부지방법원 2019.11.27 2019고정317
업무상횡령
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person working as the president of the Housing Redevelopment Project Association from around December 9, 2016, and Defendant B is a person working as the managing director of the said Union and is in the position of overall control over various affairs including the storage and proper execution of the said Union's funds.

On June 9, 2017, the Defendants were requested by the Seoul Western District Prosecutors' Office to issue a summary order as a violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents at the Seoul Western District Court on June 23, 2017 to ordinarily refer the above case to the Seoul Western District Court (Seoul Western District Court 2017Kadan1628), and to pay the attorney-at-law fees for the above case with the funds of the said association. The attorney-at-law appointment expenses are the defense expenses of the Defendants who are irrelevant to the affairs of the association

On August 18, 2017, according to the above public offering, the Defendants concluded a delegation agreement on the appointment of the said attorney-at-law from the said partnership office as the said attorney-at-law. On March 2, 2018, the Defendants kept and managed the aforementioned attorney-at-law fee of KRW 11 million.

As a result, the Defendants conspired in breach of their duties and embezzled the funds of the partnership.

Summary of Evidence

1. Part of the Defendants’ legal statement (hereinafter “the fact that the Defendants paid KRW 11 million to the association’s funds”).

1. Part of the protocol concerning the interrogation of suspect against the Defendants

1. Statement of the police statement of E;

1. Court rulings (2017 Height1628) (22 pages, 462 pages);

1. Case delegation contract;

1. Inquiry into the results of transfer;

1. Application of Acts and subordinate statutes on electronic tax invoices;

1. Articles 356, 355 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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