logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.06.21 2018고단960
업무상횡령
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From July 1, 2008 to March 12, 2014, the public prosecutor applied for permission to change the date and time of resignation of the president of the representative meeting of the occupants of the defendant at the first public trial date, and this court granted permission.

A person who has served as the chairperson of the occupants' representative council in the Dongdaemun-gu Seoul Metropolitan City, Seoul Metropolitan City, and is engaged in the affairs of executing the operating expenses of the occupants' representative council in accordance with the rules on joint management of apartments while supervising the overall affairs of the above apartment.

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

According to the evidence of Article 32 of the above rules of joint management (amended on June 12, 2013), Article 32(5) of the rules of joint management (Evidence No. 101 of the Evidence No. 101 of the Act) provides that operating expenses shall be used for tea, beverages, transportation expenses, telecommunications expenses, etc. and shall not be used for amusement purposes.

Nevertheless, on October 30, 2013, the Defendant used KRW 100,000,000,000, out of the operating expenses that were under business custody at an infinite place for the purpose that was not stipulated in the above joint management regulations. On March 12, 2014, the Defendant used KRW 293,366, out of the operating expenses that were under business custody at an infinite place, embezzled total operating expenses of KRW 393,366.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of each Act and subordinate statutes on financial transaction information, such as account books for operating expenses, apartment management rules, and detailed statement of passbook transactions;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with respect to this case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case

(c).

arrow