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(영문) 인천지방법원 2015.01.15 2014고합180

업무상횡령등

Text

Defendant

A and Defendant B shall be sentenced to one year of imprisonment, and KRW 10,00,00,00 for each fine of KRW 10,00,00.

Reasons

Punishment of the crime

Defendant

A is the person who was the chairperson of the Steering Committee of the "X", the main complex building in Yeonsu-gu Incheon Metropolitan City, and the defendant B is the head of the management office to which the management office of the above main complex building belongs, who has been awarded a contract for the management services of the above main complex building.

Defendant

C is the president of the operating committee and the representative director of the operating committee and the operating committee of the Dispute Resolution Co., Ltd., Defendant D is the representative of the Dispute Resolution Co., Ltd., Defendant E is the representative of the Dispute Resolution Co., Ltd., and Defendant F is the employee of the said Dispute Resolution Co., Ltd.

1. Joint criminal conduct by Defendant A and Defendant B

A. Defendant A, the president of the management committee of the above building for the main complex of “X”, engaged in supervising the appropriateness of management expenses, etc. on behalf of the building owners and tenants’ rights and interests. Defendant B, as the management director of the above building, entered into a contract with various service companies in relation to security, cleaning, repair of defects, etc., and reported it to the management committee.

Defendant

On August 24, 201, A, as the chairperson of the operation committee of the above "X" main complex building, prepared a provision that "it shall not be dismissed for employees of the team leader or higher even if the employees of the management service company are employees of the management service company," in the above re-contract, in order to keep the management service period of the building within three years from the above-mentioned company separately from the above company."

Furthermore, after the re-contract of the above management services contract was concluded, the Defendants received implied solicitation from the representative V of the above management services contract to the effect that the service relationship continues to be maintained smoothly, and received KRW 4.9 million from September 1, 201 to Defendant B’s account around September 9, 201, as shown in attached Table 3.