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(영문) 부산지방법원 동부지원 2016.03.10 2015고단1540
업무상횡령
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

Defendant

From October 30, 2007 to August 28, 2014, A was the chairperson of the council of occupants representatives of the Busan Shipping Daegu apartment complex D, and Defendant B was the secretary of the above council of occupants representatives.

The defendants are those who have the duty to execute apartment management expenses received from the above apartment residents in compliance with the necessary purpose for the above apartment residents and manage their revenues and expenditures in a transparent manner, and they were in the position of keeping the management expenses of the above apartment for the victim.

Nevertheless, the Defendants conspired to embezzled apartment management expenses by entering the details of the failure to be actually disbursed in the account book, using the fact that the audit system of the council for the representatives of occupants of the above apartment house is insufficient and the supervision over the execution of management expenses is not properly performed.

1. Around April 30, 2008, the Defendants conspired to embezzlement the purchase price for the apartment floor cover at the representative meeting of the occupants of the Do apartment in Busan Metropolitan City, Busan, the amount actually paid as the purchase price for the apartment floor cover is not more than KRW 1,720,000, but in the management cost book of the above apartment house, it is unfasible as if the purchase price for the floor cover was paid KRW 4,210,000, and around that time, the Defendants embezzled the amount of KRW 4,210,000, which is the difference after withdrawing from the Saemaul Cooperative Account (E) in the name of the Defendant B used as the management cost for the above apartment, and then embezzled the amount of KRW 2,490,000.

2. From May 2, 2008 to February 23, 2014, the Defendants conspired with embezzlement of project costs for landscaping and embezzled KRW 7,813,860 for arbitrarily consuming KRW 7,860 for the difference after withdrawing KRW 10,925,860 from the management expense account of the apartment in spite of the fact that the money actually disbursed as the business for landscaping was not KRW 3,12,00,00, and the money actually disbursed as the business for landscaping of apartment.

3...

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