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(영문) 수원지방법원 2018.05.30 2017고단7968
업무상배임
Text

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

Reasons

Punishment of the crime

From April 1, 2016, the Defendant is a person who has been entrusted with the management director of Suwon-si C Apartment-gu, Suwon-si, and has executed the affairs of the management group on behalf of C apartment management unit.

The defendant shall execute the affairs of the management group with the care of a good manager for common interests concerning the management and use of housing and commercial aggregate buildings pursuant to Article 55 of the above C Condominium Management Rules, and the act of claiming and receiving the share amount and expenses for the execution of the management group's affairs pursuant to Article 26-2 of the Act on the Ownership and Management of Condominium Buildings and the act of managing such amount shall undergo a resolution by the management committee.

In addition, in order to substitute the long-term maintenance remuneration and old part of the building, athletes' management expenses are accumulated in advance to be used as expenses necessary for the management and operation of common areas of apartment buildings, and they must be preserved in preparation for the occurrence of such expenses. The long-term repair allowances and for athletes' management expenses shall be in accordance with the long-term repair plan and the expenses required therefor, and shall not be used for purposes other than its original purpose. Under Article 23 (7) of the Enforcement Decree of the Multi-Family Housing Management Act, which applies mutatis mutandis pursuant to Article 2-2 of the Act on Ownership and Management of Condominium, the Industrial Bank of Korea under the Act such as the Bank under the Bank Act, mutual savings banks under the Bank Act, mutual savings banks under the Act, mutual savings banks under the mutual savings banks, insurance companies under the Act, agricultural cooperatives under the Agricultural Cooperatives Act, agricultural cooperatives and the Federation of Fisheries Cooperatives under the Agricultural Cooperative Act, the Federation of Saemaul Cooperatives and the National Federation of Saemaul Cooperatives under the Credit Cooperative Act, the National Forestry Cooperatives Federation and the National Forestry Corporation under the Forestry Corporation Act, the Korea Housing Corporation and the Korea Housing Corporation under the Korea Act.

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