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(영문) 서울북부지방법원 2020.01.08 2019고단63
업무상횡령등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. [Attachment 2019 order63] The Defendant was a person who was in charge of general affairs, such as the selection of a contractor and fund management for the reconstruction project of the victim CHousing reconstruction and rearrangement project association, whose rearrangement project site covers B B from October 2, 2014 to October 31, 2018.

On August 5, 2016, the Defendant received KRW 100,000,00 from D as bid bond and kept it for the victim union. On or around the 23th of the same month, the Defendant transferred KRW 9,656,500 to the Defendant’s personal account (E:F) and arbitrarily used KRW 55,30,07,920 for five times in total, including the following five times from around that time to June 7, 2017, under the pretext of offsetting the expenses used for personally for the victim union without the resolution of the general meeting, when the contractor is not determined.

Accordingly, the defendant embezzled the victim's property.

2. [2019 order 86] The defendant is serving as the president and the president of the partnership of the said CHousing Rebuilding Project Association.

On October 31, 2018, a person who has resigned from office.

Except as otherwise expressly prescribed by the budget without the resolution of the general meeting, the partnership's executives shall not arbitrarily implement a contract that imposes a burden on the partnership members, except as otherwise prescribed by the budget, without the resolution of the general meeting.

1) Nevertheless, on March 10, 2017, the Defendant, through the above association’s board of directors and the board of representatives, only dealt with the agenda selected as a company G (Deliberation on Landscape Plan), the H (Traffic Review), and I (N) Co., Ltd. (related service companies in the environment-friendly environment) and without the resolution of the general meeting, conducts a construction deliberation for the above service companies by oral contract during that time without the resolution of the general meeting.

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