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(영문) 광주지방법원 2013.09.06 2012고정2200
사기미수
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A is an owner of 203 E commercial buildings in Gwangju Mine-gu, who was elected by the management office of the E commercial building at the tenant conference and was in charge of management of approximately 161 commercial buildings in the E commercial building, and Defendant B was in office as the president of the E commercial building management office from November 1, 2007.

The electricity fee of the E-commercial building has been in arrears from January 28, 2008 and has been in arrears on April 28, 2008, and due to the delinquency of electricity charges, Defendant B is not working as the president of the E-commercial building management office at the Gwangju Regional Employment and Labor Agency around May 30, 2008, and Defendant B is requested and paid for unemployment benefits with Defendant A’s approval, and the head of the F apartment management division at the Seo-gu Seoul Special Metropolitan City from July 4, 2008 to September 17, 2010, and employees at G Corporation from February 8, 201 to December 20, 201, and received certain monthly service fees from the Gwangju Regional Employment and Labor Agency as the manager at HI corporation in the Gwangju Mine-gu from February 23, 2011 to December 20, 2011.

Since then, the victim J operated the theater in the name of "K" from January 20, 2012 upon the successful bid of the fourth floor of the E-commercial building, and directly managed the E-commercial building. The Defendants had continuously managed the whole E-commercial building from April 2008 to December 201 when the Defendants had taken measures to cut electricity or cut water as above against each owner of the E- commercial building, and Defendant B and the management office employees agreed to pay the E-commercial building by including the wages of Defendant B and the management office employees in the management fee notice as if they had been working normally for the above period.

Accordingly, around January 27, 2012, the Defendants included KRW 98,559,320 of the general management expenses corresponding to the wages of the employees of the Defendant B and the management office as to five divided buildings, such as the victim J-owned E 316, 40, 404, 404, 410, and 500.

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