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(영문) 서울북부지방법원 2016.02.03 2015고단1850
횡령등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

On June 28, 2014, the defendant was promoted from the status of the chairperson of the Seongbuk-gu Seoul Metropolitan Government Management Committee for Apartment Housing.

1. On August 4, 2014, a letter of the elected person’s announcement stating “the name of the Gu, the election district, marks 18, marks 2, names, D, the number of houses, term of office 203/1902, and the term of office 1/1902 from October 1, 2013 to September 30, 2015” in the name of the chairman of the said apartment management committee using a computer at the above apartment site, and attached the letter of the elected person’s announcement to the said apartment bulletin board by attaching the official seal of the chairman of the election management committee in possession of the Defendant to the occupants.”

For the purpose of exercising the right, the Defendant prepared a copy of the public notice on the elected person, a document certifying the fact, using the qualification of the chairman of the election management, and exercised it.

2. The Defendant interfering with the business of the Defendant posted a public notice in the name of the chairman of the election management committee in the same manner and manner as the above “1” at the same time and place as above “1,” thereby allowing apartment residents to take charge of the duties of the chairman of the election management

Based on the judgment, it interfered with the management of the above apartment by the apartment election commission as the injured party.

Accordingly, the defendant interfered with the victim's work by fraudulent means.

3. Before June 28, 2014, the Defendant kept KRW 452,760 operating expenses of the said apartment management committee for the said apartment management committee on behalf of the person who suffered damage from the said apartment management committee, which was designated as the chairperson of the said apartment management committee and paid from the said apartment management lawsuit, and was requested from the damaged person on July 4, 2014, but rejected the request without justifiable grounds.

Accordingly, the Defendant embezzled the property owned by the victim.

On June 28, 2014, five members, including E, F, G, H, I, etc., from among nine members of the election management members of C apartment complex, attend a meeting of the election management committee on June 28, 2014, and promote the defendant from the election management members (hereinafter referred to as "the resolution of this case").

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