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(영문) 창원지방법원 마산지원 2015.04.28 2015고단202

업무상배임

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Since 2013, the defendant is a person who has been engaged in the disbursement management duties of the occupants while working as the chairperson of the operation committee, who is the managing body of B apartment in the Changwon-si, Changwon-si.

Article 42 of the Housing Act shall obtain permission from the head of a Si/Gun/Gu or make a report in accordance with the standards, procedures, etc. prescribed by Presidential Decree with respect to the area, number of households, ratio of consent of occupants, etc. related to permission or report when the managing entity of an apartment house newly constructs, expands, rebuilds or repairs

On June 9, 2014, the Defendant violated the duty to obtain construction permission or report and perform construction works in compliance with the Housing Act, and received notification from a public official in charge of the change of the purpose of use from March 2014 that the extension works should not be conducted. On May 2014, the Defendant forcibly performed construction works despite being notified of the illegal fact of the extension of the guard room, and paid 11.5 million won part payment to the construction business operator C.

Accordingly, the Defendant acquired property benefits of KRW 11.5 million from intermediate payment to C, and caused damages equivalent to the same amount to the residents of the B apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes on construction contract;

1. Relevant Articles 356 and 355 (2) of the Criminal Act concerning criminal facts, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;