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(영문) 청주지방법원 2019.01.15 2018고정682

업무상배임

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Although the Defendant specified the victim as “C apartment” in the indictment, the victim C apartment inspection in the Cheongju-gu Kung-gu Seoul Metropolitan Government, it is reasonable to view that the Defendant would raise the occupant and user of the C apartment under the Multi-Family Housing Management Act.

(hereinafter the same shall apply to the apartment building of the victim). (The representative of the Ddong of the victim and the person who was the chairman of the council of occupants' representatives; E is the Fdong representative and the person who was the operational member of the said council of occupants' representatives; G is the representative of Hdong and the person who was the auditor of the said council of occupants' representatives; I is the Jdong representative and the person who was the operating member of the said council of occupants' representatives; K is the Ldong representative and the person who was the operating member of the said council of occupants' representatives, and M is the Ndong representative and the person who

According to the rules on the management of multi-family housing of the victim, the execution of management expenses and user fees has duties to execute management expenses in accordance with the budget approved by the council of occupants' representatives, and management expenses, etc. shall not be used for

around July 2017, the Defendant, while serving as the president of the council of occupants' representatives from around 2011 to September 2016, was determined as the object of taxation by the amount of KRW 900,000 per month, as activity expenses, and was faced with the situation where the Defendant would pay KRW 6,80,000 of the earned income tax. Accordingly, the Defendant conspired to pay retirement consolation benefits to the Defendant in E, G, I, K, M and apartment management expenses, and to compensate for the said earned income tax.

On July 6, 2017, in collusion with E, G, I, K, and M, the Defendant called the 95th Steering Committee at the victim apartment management office, and decided to pay KRW 8 million after the Defendant’s retirement to the “case of payment of retirement consolation benefits related to the Defendant’s retirement.” On the 21st day of the same month, the Defendant passed the case of payment of retirement consolation benefits at the 96th meeting of the management committee and passed the case of payment of retirement consolation benefits on the 24th day of the same month.