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(영문) 의정부지방법원 2017.07.05 2015고단2675

업무방해등

Text

Defendant

A Imprisonment with prison labor for two years, for two years, for two years, and for six months, for each of the defendants C.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A served as the president of the representative council of occupants of Icheon-si, from August 2009 to December 2, 2013, and Defendant B operated the J Co., Ltd., the above apartment controlled entity.

Defendant

C as the president of K K, a construction company, entered into a construction contract on April 12, 201 with the chairperson of the representative council of apartment occupants and the total construction cost of 500 million won.

"2015 Highest 2675"

1. Defendant A

(a) In order to register as a candidate for the representative of the I apartment tenant who interferes with his/her business, he/she shall hold his/her house in the apartment house in accordance with the rules on apartment management and the housing law, and shall not have any ground for disqualification, such as residing for at least six months, and the person

On August 6, 2009, the Defendant: (a) provided a Jeoncheon-si I Apartment Housing No. 109 Do 1304 owned in the name of L on August 6, 2009 to M; (b) settled interim management expenses to N in the management office with his family; and (c) subsequently, the Defendant lost the eligibility to be a candidate as the representative of the above apartment occupant.

Nevertheless, the defendant did not move his resident registration to go out as the representative candidate of the above apartment building, and had the above apartment building 109, 1304, and the apartment building other than the above apartment building 109, 1304 had only one bonds around August 2009. The certificate of full payment of management expenses was not indicated by the tenant's name but was used to settle the management ratio between the above apartment building 109, 1304 by using the circumstances where only the number of the above apartment building is stated, and submitted the certificate of full payment of management expenses and the certified copy of resident registration to the person in charge of the above apartment management committee, and was registered as the candidate, and was elected to the chairperson of the tenant's representative meeting on December 28, 2009, and was re-appointed to the chairperson of the tenant's representative meeting on November 201.

Accordingly, the defendant is represented by a deceptive scheme by the representative meeting of the above apartment occupants.