beta
(영문) 서울남부지방법원 2017.02.02 2016고정2381

업무상배임

Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B From April 2014 to April 2015, 2015, the E president in the 4,5th floor of D building in Siigu City was entrusted to manage and operate the said Ba, and the Defendant A, as delegated by the said building owners, performed duties of the victim-building management office, from July 2016 to September 2015, to collect management expenses from the owner of the building and the revenue of the said building, while performing duties of issuing a full receipt.

The Defendants recruited the first floor management office of the above underground building around the beginning of June 2014 to prepare a receipt for full payment of management expenses, even if Defendant B did not pay in full the friendship or management expenses, as if Defendant B paid in full.

Accordingly, on June 7, 2014, Defendant A received only KRW 15,000,000 from Defendant B for the management office of the first floor underground of the above building, and Defendant B issued a receipt for full payment of management expenses as if the full amount was paid, and Defendant B used KRW 271,570 corresponding to the difference for personal purposes.

In addition, the Defendants: (a) as indicated in the list of the crimes in the attached Form [Provided, That “271,510 won” as indicated in the column for the amount of breach of trust (amount of profit, amount of damage) of No. 1 per annum is a clerical error of “271,570 won”; and (b) “8,528,400 won” as indicated in the aggregate column for the amount of breach of trust is a clerical error of “8,528,460 won” and “8,528,460 won”; (c) from that time to November 6, 2014, the Defendants conspired to prepare a false receipt of management expenses in full at least five times by November 6, 2014; (d) thereby obtaining property benefits equivalent to the total amount of KRW 8,528,460, in violation of

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. Business registration certificate;

1. Application of the Acts and subordinate statutes governing the payment of management expenses;

1. Relevant provisions of the Criminal Act and Articles 356, 355 (2), and 30 of the Criminal Act (Selection of Penalty) concerning the facts constituting an offense;

1. The Criminal Code for the Aggravation of Concurrent Crimes