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(영문) 서울북부지방법원 2016.04.29 2015고정2223
업무상횡령
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has served as the chairperson of the Representative Council for Residents of Dobong-gu Seoul Metropolitan Government apartment, and is engaged in the affairs of managing and supervising the overall affairs of the above apartment and executing the operating expenses of the Representative Council for Residents in accordance with the rules

In such cases, the defendant has a duty to use the above operating expenses in accordance with the above rules of joint management.

Nevertheless, around July 20, 201, the Defendant embezzled the above operating expenses of KRW 4,471,219 in total nine times from around that time until September 21, 2012, as shown in the list of crimes in the attached Table, in which the Defendant arbitrarily used and embezzled the operating expenses of KRW 400,000,000, out of the operating expenses while working in the room of the resident representative conference of Dobong-gu Seoul Metropolitan Government apartment building C, 987, for the purpose of not set forth in the above joint management regulations.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. A complaint;

1. An investigation report (related to the management rules and minutes), an investigation report (written opinion of the resignation of the previous case and a report on the confirmation of the management rules on October 2010);

1. Application of a copy of the head of the Tong (C Apartment Residents' Representative Meeting A) and statutes governing multi-family housing management regulations;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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