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(영문) 수원지방법원 안양지원 2017.10.17 2016고정1054

업무상횡령등

Text

1. Defendant A shall be punished by a fine of KRW 500,000.

Defendant

A fails to pay the above fine.

Reasons

Punishment of the crime

Defendant

B was in office as the chairperson of the two occupants’ representative meeting from October 13, 2010 to October 12, 2014, and Defendant A was in office as the head of the above apartment management office from December 10 to August 27, 2013.

1. The Defendants, while serving as the chairperson of the representative meeting of occupants of the instant apartment complex and the director of the management office during the said period, embezzled KRW 1,239,00 as the expenses for the selection of the representative meeting of occupants on October 31, 201, and KRW 291,00 as the expenses for the selection of the type due to the transfer of the head of the management office and the head of the security office on June 29, 2012; and on October 25, 2012, the Defendants embezzled KRW 1,050 as the type of the first representative meeting of occupants on October 25, 2012 under the name of the first representative meeting of occupants, and embezzled KRW 2,580,300 as the total amount from the apartment reserve fund.

2. On December 2013, Defendant B purchased merchandise coupons worth KRW 50,800,000 in order to obtain a written consent for the performance of repair of defects in apartment units at the time of the representative of apartment occupants, and paid merchandise coupons to residents in KRW 20,000.

In this regard, the Defendant embezzled gift certificates worth KRW 2,135,00, which were additionally paid in purchasing gift certificates as above, for the occupants of the apartment complex of this case, for the purpose of the occupants of the apartment complex of this case. The Defendant embezzled gift certificates worth KRW 2,135,000 by consuming gift certificates to the representative members of the resident representative at the time.

3. According to the Enforcement Decree of the Housing Act that Defendant A violated the Housing Act, an executive officer of a person designated as a business operator who supplies services to the relevant multi-family housing can not become the representative of each Dong, and is disqualified for the representative of each Dong. The member of the council of occupants of the relevant multi-family housing cannot participate in the construction and service competitive bidding of the relevant multi-family

Therefore, this is applicable.