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(영문) 수원지방법원 2017.06.13 2017고단1584
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

A representative meeting of the victim B apartment occupants (hereinafter referred to as the "representative meeting of the victim occupants") is the manager of B apartment housing (hereinafter referred to as "B apartment") located in Suwon-si Seoul Metropolitan City, which is a multi-family housing located in Suwon-si C.

On October 16, 2015, D Co., Ltd. entered into a contract for the entrusted operation of the Fice Center established in the representative meeting of the victim occupant and B apartment complex, and around that time, D Co., Ltd. entered into a contract for the establishment of a branch with the defendant and the defendant who is the actual operator of D Co., Ltd. to provide services and to perform duties under the entrusted operation contract of the Fice Center in the above B apartment complex.

From around that time to August 31, 2016, the Defendant entrusted the operation of the Fice Center in the above B apartment complex, and operated the above Fice Center in accordance with the entrusted operation agreement concluded between the meeting of occupants of the victim and D and the agreement between D and the Defendant under the establishment agreement between D and the branch establishment agreement between D, and was engaged in the management of the above Fice Center facilities, members, and funds, and was obligated to deposit the membership fee to be paid by the members of the Fice Center in the designated bank account in the name of the representative meeting of occupants of the victim.

From October 1, 2015 to August 31, 2016, the Defendant: (a) received deposits from members using the above B Apartment Center to a bank account under the name of a company-based bank account or another person, which is not a bank account designated by the meeting for the representatives of occupants; or (b) received deposits from the above members to the bank account under the name of a bank account in cash; or (c) received payments paid by a credit card company upon the settlement of the credit card from the above members into an account not designated by the meeting for the representatives of occupants of the victims; and (d) received KRW 97,306,80 of membership fees from the members of the said B Apartment Center; and (e) made them keep the said money for the meeting for the representatives of occupants of the victims, the Defendant sent the said money to the meeting for the representatives of occupants of the victims.

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