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(영문) 서울남부지방법원 2010.09.02 2009고합520

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

1. Defendant A shall be sentenced to two years of imprisonment, Defendant B shall be sentenced to one year of imprisonment, and Defendant C shall be sentenced to a fine of two thousand won.

2...

Reasons

Punishment of the crime

1. Defendant A, B, and C served as the president of the committee for the occupants of building in Yeongdeungpo-gu Seoul Metropolitan Government from January 1, 1999 to October 2002, and as the vice president from October 2002 to July 22, 2004. Defendant A served as the president of the committee for the occupants’ representative and the manager of the F building from July 22, 2004, while performing duties as the president of the committee for the occupants’ representative and managing the management expenses from the occupants of the building. Defendant C served as the president of the F building management office from January 2004 and executed the management expenses with the approval of Defendant A.

The management expenses for a building shall be used only for the legitimate purpose necessary for the management of the building, and shall not be used for the personal purpose of the defendant, etc., and the regulations on the business of the manager of the building provide that "in case of an urgent need, it shall be executed after consultation with the chairperson of the representative committee of the management body and obtain the approval of the ex post facto management body." However, even if the building is used in accordance with the procedure, it is justified because the interests between the management body of the building and each sectional owner are not necessarily in conformity with

Nevertheless, the Defendants conspired to keep the management expenses of the building for the occupants of the F building who are victims, and upon the complaint of G, the former representative director of the F building management corporation, Defendant B indicted Defendant B as the Defendant in Seoul Southern District Court 2005Kadan221, the Seoul Southern District Court 2005Kadan221, the attorney appointment fee was paid from the management expenses of the building.

Accordingly, around February 21, 2005, Defendant A and C shall prepare a written disbursement resolution to disburse KRW 10 million from the management expenses of the building to H, who is an accounting officer in the F building management office, for the above criminal case against Defendant B, from the management expenses of the building, and have H approve each of them, and then have H grant approval to the defense counsel of Defendant B.