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(영문) 수원지방법원 2018.07.03 2017고단2932
업무상배임등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Criminal facts

At the end of August 2013, the Defendant was appointed as the managing director of the above B building by C, a manager under the Act on Condominium Building in Suwon-gu Condominium-gu, and served as the managing director until January 16, 2016.

C On August 28, 2013, the management unit under the Act on the Management of Condominium Buildings was appointed by C as a manager at the special meeting of B building autonomous meeting, and on November 8, 2013, “C shall not perform its duties until the final and conclusive judgment on the merits of the case claiming the confirmation of invalidity of the resolution for appointment of a manager at the special meeting of August 28, 2013” was issued a judgment on the suspension of performance of duties by the custodian, and on December 12, 2014, the said judgment was rendered that “A resolution appointing C as a manager of B building from the special meeting of B building on August 28, 2013 is invalid.”

1. The Defendant in charge of the preparation of private documents and the preparation of qualification imitated private documents is merely a director of the management building B, and C appears to be a clerical error in the indictment from November 8, 2013 to “ August 28, 2013.” The earthquake time when a provisional disposition to suspend the performance of his/her duties with respect to C is determined on November 8, 2013. Thus, the criminal facts are corrected as above.

B. It was impossible to perform the duties of the manager of the B building. From May 18, 2015, the attorney D was appointed from the Suwon District Court to act on behalf of the manager of the B building. Thus, the defendant was well aware that he/she could not use at his/her own discretion the position of the head of the B building autonomous building operation council or the manager of B building autonomous building operation council or the manager of B building operation council, but he/she was unable to use the qualification or position of the agent. However, at the B building management office around August 15, 2015, he/she prepared "F, the lessee," and "real estate lease agreement," with "B, the tenant," and in the column of the terms and conditions of the contract, "(guarantee) 200,000, 100,000, 100, 1000, 100, 200, 3.

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