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(영문) 서울중앙지방법원 2018.07.19 2017가합573191
손해배상(기)
Text

1. The Plaintiff:

(a) The defendant B and E jointly share 1,261,565 won and a list of the attached amounts;

1. (D) In the case of each money as described in paragraph (d).

Reasons

1. Basic facts

A. The Plaintiff is a council of occupants’ representatives comprised of the occupants and users representative of Dongjak-gu Seoul Metropolitan Government A Apartment (hereinafter “instant apartment”).

B. ① Defendant B was the president of the Plaintiff from January 1, 2006 to December 31, 2007; ② Defendant E was the Plaintiff’s auditor from January 1, 2006 to December 31, 207; ③ Defendant C was the Plaintiff’s auditor from January 1, 2008 to December 31, 207; and ③ from January 31, 2008 to December 31, 209 to the Plaintiff’s auditor; and ④ Defendant F was the Plaintiff’s president from January 1, 201 to December 31, 201; ⑤ Defendant D was the Plaintiff’s auditor from January 1, 201 to December 31, 201 to December 31, 2012 to December 31, 201 to December 31, 201, respectively.

C. Around December 7, 2002, the Plaintiff entered into an entrustment contract with H (hereinafter “H”) on the terms of entrusting the management of the instant apartment, and H was managing the instant apartment from December 1, 2002 to January 31, 2014.

Meanwhile, as the above H’s accounting staff, I received and managed the management expenses of the apartment tenants of this case by dividing them into the J bank account, K Bank account, and L Bank account. From May 10, 2006 to October 10, 2013, I collected the amount of money that can be paid in the form of a disbursement resolution, including the items that can be paid in the form of a disbursement, from the one account to the other account, and disbursed the remaining amount excluding the amount that can be paid in the form of money, and the items that may be paid in the form of money that can be paid in the form of a deposit from other accounts are paid in the form of a bank account to the other account and used it for personal use.

Accordingly, I was indicted as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and was sentenced to three years of imprisonment on April 14, 2017 (Seoul High Court 2017No364), and the above judgment was finalized on April 22, 2017.

E. The instant apartment management rules do not exceed “the apartment house management rules.”

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