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(영문) 서울중앙지방법원 2012.09.21 2011고합1104

배임수재

Text

Defendant

A Imprisonment with prison labor for one year, for one year and six months, and for ten months, for each of the defendants C.

except that this shall not apply.

Reasons

The facts constituting the crime (defendant A, B, and C) Defendant B as a Si Council member and was the chairman of the council of occupants' representatives of Suwon-gu N apartment (hereinafter "N apartment"), Defendant A as the company member from August 5, 2006 to November 2006, Defendant A as the representative of N apartment and the technical director of the council of occupants' representatives from August 5, 2006, Defendant C as the company member from November 2006 to the N apartment council chairman from November 5, 2006, and Defendant C as the company member from August 5, 2006 to the N apartment council chairman from November 207.

As an executive member of each council of occupants' representatives, the Defendants selected a construction company that replaces the heating system of N apartment with the local heating system, supervised the implementation status according to the degree of construction completion, and paid the advanced height, etc., and there was a duty to perform duties fairly for the rights and interests of the residents of apartment houses with respect to apartment joint projects that are directly related to the economic burden of the residents of apartment houses.

On the other hand, Co., Ltd. (hereinafter “O”) was refused to pay the progress payment on the ground that the N apartment council, which was launched on August 5, 2006 and was not paid the progress payment, had been in progress on September 16, 2006, on the ground that the construction work was not completed in spite of the receipt of approximately KRW 1.1 billion of the progress payment on June 16, 2006.

1. The Defendants’ co-principal, who received an illegal solicitation from the representative director P of the O on August 2006, to the effect that, through Defendant A, “the Defendants shall receive KRW 100 million through Defendant A, the Chairperson, who was in receipt of the illegal solicitation that, “the residents may take the cost of construction due to the defect of the construction work and complete the construction work and receive the payment for construction work at the time.”

“The” is from the district heating construction company by delivering the intention to P, etc.