업무상배임
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. On December 22, 2012, the Defendant was elected as the president of the council of occupants’ representatives of the Yongsan-gu Seoul Metropolitan City D apartment (hereinafter “instant apartment”). From December 24, 2012 to September 30, 2014, the Defendant is a person in charge of the management of the long-term repair appropriations of the instant apartment (hereinafter “long-term repair appropriations”) and all affairs concerning the instant apartment including the management of the long-term repair appropriations of the instant apartment from December 24, 2012 to September 30, 2014.
The amount of the long-term repair appropriations in this case is KRW 1 billion and deposited in one bank and in Korea bank, and the maturity date of January 10, 2013 or January 16, 2013 arrives, and in the case of term deposits, interest rates equivalent to 1/2 of the general deposit interest rate at the time of maturity after the maturity date. Thus, the defendant has a duty to minimize interest loss by making a deposit of the long-term repair appropriations in this case for the victims of the apartment.
On the other hand, when a term deposit is subscribed or terminated under the name of the council of occupants' representatives of the apartment of this case, an identification number is needed. In the case of the apartment of this case, the identification number was issued on January 24, 2013 by the change of the representative of the council of occupants' representatives.
Nevertheless, the Defendant violated such occupational duties, thereby delaying the re-deposit of the instant long-term repair appropriations at the E branch of a new bank, waiting for an internal personnel order in the new bank with a view to assisting the deposit performance of F, one’s own seat, and whose maturity comes due, in violation of the foregoing occupational duties, at the new bank E branch around January 31, 2013, subscribed the instant long-term repair appropriations to the term deposit.
Accordingly, the Defendant, during the period from January 25, 2015 to January 30, 2015, is 220,744 won, which is the difference between the interest amount and the interest amount paid after maturity, when he/she re-deposits to Han Bank or Korea Bank.