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(영문) 인천지방법원 2018.06.22 2017고정2363
업무상배임
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A, Defendant B, and Defendant C respectively engaged in the duties of the chairperson, the Dong representative, and the auditor at the Seo-gu Incheon Metropolitan Council for Representatives of Residents, and the representative of residents during their term of office exercised the overall voting rights to the overall operation of the apartment, and there was a duty to appropriately execute the management expenses collected from the residents as prescribed by Acts and subordinate statutes and the management regulations.

Nevertheless, on November 22, 2016, the Defendants, in violation of their duties, demanded the manager E to pay the full amount of the expenses from the apartment management expenses on the ground that they received hospital treatment at their own expense on the grounds that they were injured by the performance of their resident representative duties, and received the deposit of KRW 2,352,920 with the F account in the name of the Defendant A, and distributed them on the same day.

As a result, the Defendants conspired to obtain property benefits equivalent to KRW 2,352,920 from apartment management expenses by improper means, and suffered damages equivalent to the same amount at the representative meeting of the occupants of the above apartment.

Summary of Evidence

1. The Defendants’ partial statements in the second public trial protocol

1. Each legal statement of witness G, E, and H;

1. Some statements concerning the suspect examination protocol of each police officer against the defendant A or B;

1. A protocol concerning the interrogation of the suspect against the defendant C (limited to the defendant A and B);

1. Statement protocol (including attached documents) of the police with regard to G;

1. The filing of a complaint, the statement of a resolution on expenditure, and the details of claims for medical expenses, and the application of statutes governing I Bank Verification;

1. The Defendants: Articles 356, 355(2), and 30 of the Criminal Act and the choice of fines for the crime

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

1. The assertion and determination by the Defendants of Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion (1) The Defendants are partly admitted in the course of a meeting of the representatives of occupants of DNA apartments (hereinafter referred to as the “councils of occupants”).

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