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(영문) 의정부지방법원 2014.01.16 2013고단4415

보조금관리에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. From January 1, 2008 to September 1, 2013, the Defendant, in occupational breach of trust, served as the president of the Guri-si apartment’s council of occupants’ representatives, engaged in the resolution on expenditure, management, and supervision of the apartment fund such as management expenses.

On July 2010, the Defendant won in the lawsuit claiming repair of defects filed against the Co., Ltd. Co., Ltd., a trial contractor, on behalf of the victim C apartment occupant, and had the Defendant receive KRW 89,408,826 from the trial contractor and keep them in custody.

In such a case, the defendant has a duty to use the money received as above for the apartment repair reserve through the resolution or consent of the occupants.

Nevertheless, in violation of the above occupational duties on November 2010, the Defendant voluntarily consumed KRW 8,200,00 among KRW 89,408,826, which was kept as above, for the construction cost, as construction cost, after concluding an indoor interior interior interior interior interior interior design contract, such as interior interior interior interior interior interior interior interior design, such as interior interior interior interior interior design, which is the house of interior fishermen E and the defendant's house, apartment 1402, apartment house 1304, apartment house 1304, apartment house 1304, apartment house 1401, apartment house 1403, the house of resident representative council, the house of general secretary H, and village construction.

As a result, the Defendant acquired property benefits equivalent to KRW 8,200,000 in total in violation of occupational duties, and caused property damage equivalent to the same amount to the victim.

2. The Defendant in violation of the Subsidy Management Act is a person who works as the representative of occupants of the Guri-si apartment from January 1, 2008 to September 1, 2013, and I is a person working as the chief of the management office of the above apartment from April 10, 201 to September 10, 2013, and J is the actual operator of K Co., Ltd.

On February 2, 2013, the Defendant, at the above C apartment management office, prepared a double contract stating the construction amount of the construction work while carrying out play projects equivalent to KRW 19,711,00 in apartment in fact, and made it against Guri-si using it.