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(영문) 의정부지방법원 2017.07.20 2016고정2356
업무상배임
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From March 29, 2011 to March 28, 2013, the Defendant is a person who was the president of the tenant conference of the apartment complex C in Yangju-si and is elected by the representative of the Dong 20 Dong, and manages the apartment related to the operation of the apartment on behalf of the apartment residents, such as a proposal for the method of managing the apartment, a decision on the standard for imposing the user fee for the

On March 29, 2011, the Defendant violated his duties by putting in place a meeting within the office of the representative of occupants of the above apartment, and then withdrawing KRW 1.480,000 from the operating expenses of the representative of occupants to purchase the gift set, using KRW 1.480,00 to seven organizations, such as the representative, women's association, crime prevention group, head of a Tong, reading center, reading center, frontline, development committee, etc., thereby causing damage to the representative of occupants by using KRW 1.480,00,000,000, in total, five times to the representative of the occupants of the apartment building, such as the attached list of crimes, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of the witness to D and E;

1. Statement made by the police with regard to F;

1. Investigative report (Attachment of supporting documents crossing), investigative report (a copy of the official document relating to miscellaneous revenue for both viewing and viewing);

1. Application of statutes governing the use of operating expenses of a representative meeting of occupants;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (2) of the Criminal Act, the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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