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(영문) 서울중앙지방법원 2014.11.20 2014고합619

업무상횡령등

Text

Defendant

A Imprisonment of 2 years and 6 months, Defendant B's imprisonment of 8 months, Defendant C's fine of 2 million won and Defendant D.

Reasons

Punishment of the crime

[Criminal Power] On June 4, 2013, Defendant A was sentenced to imprisonment with prison labor for the violation of the Punishment of Violences, etc. Act (joint coercion) at the Seoul Central District Court on April 10, 201, and the said judgment became final and conclusive on April 10, 2014.

【Criminal Facts】

1. The parties’ status relationship A, from June 2003 to December 2012, Defendant A, as the president of the Dongjak-gu Seoul Metropolitan Government J apartment (hereinafter “instant apartment”), supervised meetings for the decision-making of the instant apartment as the president of the council of occupants’ representatives, and was engaged in overall affairs concerning the management of the instant apartment.

Defendant

B worked as the head of the guard office of the apartment in this case from November 2006 to June 1, 2012, and was in charge of collecting apartment parking fees and other value-added income from apartment in accordance with the direction of Defendant A.

Defendant

C operated K Co., Ltd. (hereinafter referred to as “K”) of the instant apartment.

Defendant

D was engaged in the affairs of participating in the council of occupants' representatives in the decision-making process of the apartment of this case and managing the public funds of the apartment of this case from 2007 to 2012 as the female president of the apartment of this case and the 106 occupant representatives.

2. Defendant A

A. As the president of the council of occupants' representatives of the apartment of this case, the Defendant had a duty to fairly handle the duties for the occupants in the process of selecting the service company regarding environmental deterioration of the apartment of this case as the chairman of the council of occupants' representatives.

1. On March 2008, the Defendant: (a) by telephone to C, who was in charge of the environmental beauty service of the apartment of this case and operated K while on March 2008, requested money and valuables to the effect that “I want to change the service company to another place; (b) in the council of occupants’ representatives, K would transfer KRW 3 million to the service company, and KRW 2 million to the D account to the other place; and (c) on March 208.