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(영문) 수원지방법원 성남지원 2014.11.07 2014고단1956
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From January 2006 to January 2007, the Defendant was a person who was a head of the victim’s “D Area Housing Redevelopment and Improvement Project Association” established for the purpose of housing redevelopment project of the Nam-gu Seoul National Housing Redevelopment and Development Project Association.

On December 2006, the Defendant opened an ordinary deposit account (Account Number G) in the name of the association’s executives E and F seal impression in order to keep funds required for the housing redevelopment project of the said D District Housing Redevelopment and Improvement Project Association at the Seodaemun-dong Saemaul Fund of Dongdaemun-gu 1, 127-99, Nam-gu, Busan, in order to keep the funds required for the said D District Housing Redevelopment and Improvement Project, and kept the said association’s business funds in the said account.

On August 16, 2012, the Defendant changed the seal impression of the said account into a single seal impression of the head of the D Area Housing Redevelopment and Improvement Project Association and suspended payment of the said account at the request of the Union.

On December 2, 2012, the Defendant: (a) around early December 2, 2012, when the Defendant’s college enrollment fees, etc. are necessary to the Defendant’s father and the economic conditions are difficult; (b) the name of the representative of the said account was the Defendant; and (c) when the Defendant terminates the suspension of payment on the account of reporting the loss of passbooks and seal imprints, he had the intent to withdraw the association’s business funds kept in the said account by withdrawing them

According to the above program, the Defendant reported the loss of the passbook and seal impressions of the above account at the Seocho-dong, Kim Jong-dong, 23-24 around December 7, 2012, and received a new entry deposit passbook in the name of the Defendant, withdrawn KRW 46,700,000, which is the victim’s possession from the above account, and embezzled by using the above account for personal purposes, such as college registration fees, living expenses, etc. around that time, and around February 21, 2013, KRW 100,000, which is the victim’s ownership remaining in the above account.

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