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(영문) 서울서부지방법원 2011.01.13 2009고정1827
상해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, as a sectional owner of the first floor above Seodaemun-gu Seoul and Dong-gu “E building” on both the ground, used the first floor below the above building as a restaurant for neighborhood living facilities, and changed the purpose of use to the office which is a business facility, resulting in the change of the management expenses accordingly, conflicts with the victim F and Management Service Center President G, the president of the said building management group, as a result of the change of the management expenses;

1. [Attachment 209 High Court 2644]

A. On August 2008, the above E building: (a) there was no fact that the above victim H arbitrarily calculated management expenses and collected several million won street; (b) the judgment against the defendant was rendered for the reason that the management body of the above building filed a lawsuit against the defendant for management expenses incurred by the management body against the defendant; (c) however, “The representative of the management service company: (a) the notice to hold an emergency general meeting” under the Item (d) of “the notice to hold a general meeting” was prepared by a document stating that “A representative H voluntarily calculates management expenses at will and commits an illegal act, such as raising money to KRW 0 million; and (d) sent it to each sectional owner of the above building, thereby impairing the victim H’s reputation by openly pointing out false facts.

B. On March 20, 2009, the facts of the above building do not take part in the head of the management group by using a defective resolution by the victim F, but (the defendant's application was dismissed on the ground that the victim F was legally appointed as the manager of the above building in the case of provisional disposition of suspending the performance of duties filed by the defendant against the victim F et al.). In order to conceal his mistake, the defendant did not file a lawsuit against I Co., Ltd., a contractor of the above building, and the victim H did not want to file the above lawsuit, and even though the victim H did not want to do so, the defendant used the title "Multiple residents living in Korea" as the head of the association.

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