(영문) 서울서부지방법원 2017.11.22 2017고단1965

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Reasons

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줄 간격

자간(%)

(영문) 서울서부지방법원 2017.11.22 2017고단1965

업무상횡령

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A shall be referred to as “the instant apartment” of Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as “instant apartment”) from March 2007 to November 3, 2016.

As a management complaint, Defendant B was engaged in the revenue and expenditure management of the instant apartment, and Defendant B, from July 2014 to November 3, 2016, was engaged in the supervision and approval on the revenue and expenditure management of the instant apartment as the chairperson of the council for the representatives of occupants of the instant apartment from around July 2014 to November 3, 2016.

According to the management rules, etc. of the apartment of this case, the revenues from the installation of a communication meter and the use of a parking lot shall be accumulated and used as a special repair reserve only.

1. Around March 26, 2010, Defendant A’s occupational embezzlement received KRW 5,200,000 from the instant apartment to the E account (Account Number F) in the name of the victim under the name of the location of a heavy meter from D, a stock company, and embezzled KRW 1,00,000 out of the money as subsidies for the Women’s Association of the instant apartment around May 3, 2010.

In addition, the Defendant embezzled total of KRW 47,400,00 from that to June 30, 2016 by means of not using the reserve fund for special repair and using it for other purposes, as shown in the list of crimes in the attached Table.

2. On July 31, 2014, the Defendant: (a) made it easy for Defendant B to commit the instant apartment in a manner that, when he arbitrarily uses KRW 145,00,00, which was owned by the victim and kept in custody, as described in paragraph (1) in the instant apartment, he/she made it easier to approve and approve it.

In addition, from that time until November 3, 2016, the Defendant aided and abetted A to make a total of KRW 25,100,000 in the apartment of this case, as shown in No. 70 to No. 128 of the List of Offenses.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

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

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