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(영문) 서울동부지방법원 2017.08.10 2017고단1276
업무상횡령
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is a person working as the chairperson of the E commercial management unit in Songpa-gu Seoul E commercial building, and Defendant B is a person working as the director of the above commercial building management center. The Defendants have been engaged in the management of the profits (facility appropriation) operated by the above commercial building with the revenue of parking fees, etc.

Defendant

B A around June 2014, the problem of the management of the above commercial building was that the above store owner F and the body fighting were made. Accordingly, the defendant B was a criminal prosecution and the attorney's fee was paid on July 2014, and the defendants were able to compensate the attorney's fee paid by the defendant B with the profits from the commercial building following the resolution of the E Commercial Building Management Committee.

Accordingly, on August 12, 2014, the Defendants conspired to pay KRW 5,765,100 to Defendant B’s attorney-at-law fees paid by Defendant B from the Victim E Commercial Management Committee by a resolution that “The costs of lawsuit (at-law No. 5,500,000) incurred later, and all of the penalties and all the expenses incurred later, shall be subsidized by the Management Committee.”

Accordingly, the Defendants embezzled the property of the victim while on duty.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Legal statement of witness F;

1. The minutes of the E Commercial Building Management Committee’s 4th 2014, the details of payment of KRW 5,765,100 to the suspect B in E commercial buildings, and the E Commercial Building Management Rules [Defendant B’s criminal case is closely related to the business of the instant commercial building management system, and the aforementioned criminal case is closely related to the business of the instant commercial building management system, as well as other cases arising between F and the instant commercial building management group, and the Defendants’ act is for the benefit of the instant commercial building management group, and it is for the benefit of the instant commercial building management group, in light of all the circumstances such as going through a resolution of the Management Committee

The argument is asserted.

In principle, an organization.

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