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(영문) 서울중앙지방법원 2013.07.05 2013고합339
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

150,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

E, from November 2005 to March 10, 2012, as the president of the G-area Housing Association (hereinafter “Association”) established to purchase housing of its members at the Dongjak-gu Seoul Metropolitan Government Fil House, represent the association and administer the affairs of the association, such as recruitment of union members, purchase of project sites, management and execution of union expenses, etc., and the Defendant, as a non-official director of the association, took charge of the practice of the association, such as recruitment of union members, receipt of union contributions, and management of all kinds of documents management, etc.

1. Crimes related to H-owned real estate;

A. The Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was willing to make profits by purchasing a site that is scheduled to be included in the business site of the association using E and association funds and selling it at a higher price to the association.

Accordingly, on March 13, 2008, E purchased the real estate owned by H (hereinafter “L real estate”) in the aggregate of KRW 1,637,250,000,000, such as taking over the obligation to refund the deposit for lease deposit of KRW 90,000,000 in the Dongjak-gu Seoul Metropolitan Government I, J, and K around March 13, 200, E paid the down payment of KRW 100,000,000 on the same day, and the remainder of the down payment of KRW 20,000,000 on March 14, 2008.

Since then, around May 15, 2008, the Defendant and E changed the purchaser to M (the Defendant’s pro-Japanese name)’s name with respect to the above sale, and re-written a sales contract. Around May 27, 2008, the Defendant and E paid H the purchase price of KRW 1,247,250,000 with the funds of the partnership held in custody on May 27

Accordingly, the Defendant, in collusion with E, embezzled the total amount of KRW 1,547,250,00 (the limited amount of rental deposit from the sale price) of the funds of the association in custody for the victim association.

B. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of trust) shall represent the association and the head of the association in charge of the affairs of the association, and the defendant shall assist E and exercise overall control over the practice of the association.

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