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(영문) 인천지방법원 2018.10.05 2018고정1731

업무상배임

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, from early 2014 to early 2015 and from May 28, 2015 to early 2015, served as the chairperson of the tenant representative of the "D Building", which is an aggregate building in Nam-gu Incheon Metropolitan City, as the chairperson of the tenant representative of the "D Building", and performs overall duties of managing the said aggregate building. Meanwhile, the Defendant is a person who operates the "E Dolor" on the first floor below the said aggregate building and the second floor below the ground.

According to the management regulations of the above condominium buildings, the imposition and change of management expenses shall be resolved with the consent of a majority of the representatives of occupants consisting of the representatives of occupants, three representatives of commercial buildings, and three representatives of apartment buildings.

Although the defendant has a duty to impose and change management expenses in line with the interests of the divided owners with the consent of a majority of the representatives of aggregate buildings, he/she did not consent to six representative representatives of the above tenant (three representative representatives of the commercial building and three representative representatives of apartment buildings) on September 5, 2015, the defendant reduces 50% of the management expenses for the ten-month period of the above E-Ba.

“As if there was a resolution at the representative meeting of occupants, a report was made as to the result, and from November 2014 to October 2017, 2017, the amount of property benefits equivalent to the amount reduced due to a violation of duties by reducing KRW 50,251,470 out of the unpaid management expenses of the said E-Sa from KRW 95,00,000,000, was reduced, and the damaged and the damage suffered to the occupant who is the owner of the said aggregate building.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Three-time protocol of interrogation of the suspect of the police against the accused (including the cross-examination);

1. A protocol concerning the examination of suspect with respect to F (including a substitute part);

1. Statement of the police statement related to G;

1. Group building management rules;

1. Reporting on the results of a representative meeting of occupants ( September 5, 2015);

1. Each fact-finding certificate, I, and K respectively;

1. Application of Acts and subordinate statutes on judgment;

1. Article 356 of the Criminal Act applicable to the facts constituting an offense and Articles 355 (2) of the Criminal Act that choose a penalty;

1. Article 70 of the Criminal Act to attract a workhouse.