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(영문) 수원지방법원 안산지원 2015.10.13 2014고정1706

업무상횡령미수등

Text

Defendants shall be punished by a fine of five million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B From November 1, 2013, the chairperson of the Gyeonggi-do Council of Residents' Representatives has been in charge of apartment management affairs, and the defendant A has been in charge of the general affairs of the above apartment from November 1, 2013 to the date of the above apartment management affairs.

1. On August 3, 2012, the council of occupants' representatives, before the apartment in breach of trust, entered into a contract with the StateF for the repair of the foregoing apartment in order to repair the defects, but as the defect occurred in the floor of the above underground parking lot, in the front of the foregoing apartment, the council of occupants' representatives decided to pay the outstanding amount if the defect repair is completed. Thus, the president of the current council of occupants' representatives and the Defendants, the general secretary, had the duty not to pay the outstanding amount until the defect repair is completed.

On December 26, 2013, the Defendants received 2,00,000 won in cash from Defendant B’s JM7 car to the effect that the Defendants would receive the said outstanding amount from I, the vice president of H “H” coffee located in G at the Sinh-si of Gyeonggi-do, and received from Defendant B’s JM7 car for solicitation.

B. On January 15, 2014, the Defendants gathered to receive more money from I, and Defendant A demanded the said I to submit KRW 10,000,000 to the said I at the instant H’s coffee shop, but was refused to do so. Defendant B demanded KRW 2,00,000 to I on January 19, 2014, and received KRW 2,00,000 in cash for solicitation through employees of (juF) in the Yeonsu-gu Incheon Metropolitan City’s meeting place for the Korea Apartment Construction Work on the 20th of the same month.

As a result, the Defendants conspired to acquire the property in exchange for an illegal solicitation in relation to their duties.

2. The Defendants who attempted to commit occupational embezzlement are transferred the apartment management fee from the above apartment occupants to the deposit account in the name of the said apartment residents' representative council, the victim, at the end of each month, for the victim.