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(영문) 부산지방법원 2012.04.24 2011고단7126

업무상배임

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From December 2006 to March 15, 201, the Defendant served as the chairperson of the operation committee of the Busan Jung-gu Office Office of Ctel. From around 84, the Defendant: (a) concurrently served as the managing body the duties of the head of the management office despite the existence of a separate management office; and (b) takes charge of the affairs, such as the imposition and collection of public charges, such as electricity and water supply fees, basic management fees, special repair reserve, etc. for the 84 households, the victims; and (c) the management rules, etc. of the Officetel. According to the Officetel management rules, the Officetel operating committee has decided the standards for the budget and use fees by resolution; (d) the operating committee has to set and pay the "Regulations for the use of operating expenses" in a separate book and have the management authority keep the details thereof; (e) the office manager shall keep the data on the accumulation and use of the long-term repair appropriations; (e) prepare and use a separate plan for use; and (e) prepare the details of monthly payment of management fees, etc.

Nevertheless, from December 2006 to February 201, 201, the Defendant violated the duty to collect and disburse management expenses in accordance with the management rules, etc., and violated the duty to manage the collection and disbursement of management expenses, and other residents are in charge of collecting and using the management expenses.