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(영문) 수원지방법원 성남지원 2014.10.29 2014고단2141
업무상횡령등
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of eight months.

, however, for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A from November 201 to December 2013, 201, the victim E-main apartment located in Seongbuk-gu, Sungnam-si, the president of the council of occupants' representatives, and the defendant B, as the management office accounting of the above apartment, was in charge of the above apartment management fee, the collection and management of the above apartment management fee.

1. The Defendants’ occupational embezzlement Defendant A had the intent to embezzled the management expenses of the above apartment in order to make it difficult for the Defendants to operate his business, and instructed Defendant B to transfer certain amount of money from the management expenses to himself or to transfer money to the place he designates, and Defendant B consented thereto.

Defendant

A around October 23, 2012, at the Seongdong-gu E Apartment Management Office of Seongbuk-gu, Sungnam-si, the accounting manager: “A shall transfer the money deposited as management expenses to the account designated by him, because the funds are required for the construction of the apartment at home” to the Defendant B; accordingly, Defendant B transferred the management expenses from the above apartment residents to the account in the name of the Defendant A’s community credit cooperative account (Account Number F) and transferred the management expenses to the above apartment at the expense of the said apartment for the said apartment, and remitted 4 million won to the passbook (Account Number H) designated by the Defendant A in the name of G.

In addition, from around that time to January 27, 2014, the Defendants embezzled the amount of KRW 110 million by arbitrarily consuming a total of KRW 125,535,000 through 110 times as shown in the attached Table of Crimes (1).

Accordingly, the Defendants conspired and embezzled the amount of KRW 125,535,000 for the management expenses of the above apartment.

2. Around November 1, 2012, Defendant A’s fraud made a false statement to the above apartment management office that “The victim B shall lend money to the Defendant for the construction work at home, and shall use and repay only one month if he/she borrowed money.”

However, the defendant has no property under his/her name, has not been paid wages to employees of the construction company that he/she operated, and the office rent can not be paid.

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