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(영문) 서울중앙지방법원 2016.09.28 2015고정3562
업무상횡령
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the tenant of Jongno-gu Seoul Metropolitan Government apartment, and was engaged in general affairs related to the above apartment, such as the management of funds of the victim occupant council.

The Defendant: (a) around July 29, 2014, at the Jongno-gu Seoul Apartment Management Office, organized an emergency countermeasure committee to take measures against defects in the construction of remodeling of the above apartment building without obtaining permission from the competent authority at the former occupant’s representative meeting; (b) disbursed the operating expenses with personal funds; and (c) decided to receive a refund from the operating expenses of the resident’s representative meeting in March 11, 2014 by using the above expenses at the resident’s representative meeting held around March 2014; (d) around September 23, 2013; (e) KRW 45,000 and KRW 140,000,000, including KRW 100,000, KRW 100,000 in total, and KRW 145,000, KRW 100,000, KRW 40,000, KRW 70,000 and KRW 140,705,201.

Summary of Evidence

1. Legal statement of witness F;

1. Complaint (F);

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a copy of meeting minutes, a copy of receipt, and a copy of a fact-finding certificate (G, H);

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

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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