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(영문) 부산지방법원 2018.10.16 2017고정2174
무고등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who was the chairperson of the 11,12 conference for the representative of occupants of the B Apartment-gu Busan Metropolitan City, and the victim C is a person who was the chairperson of the said council for representatives of occupants.

1. On September 2, 2013, the Defendant distributed to the above 546 generation of apartment B, a book indicating “B’s financial statements and audit report on the overall duties of the management office” (hereinafter “audit report”).

D shall be prepared in the status of the resident audit, and the audit report that the Defendant, etc. decided to distribute, “The former Chairperson C before the resident representative meeting shall be the retirement age of the employees in the management office at the resident representative meeting on January 12, 2010 shall be 62 years of age.”

The minutes of the tenant representative meeting on the date shall be without the consent of the representative, and only the signature of the former chairperson C.

(A) Without giving prior written consent to the resident, it is very serious abuse of authority that infringes on the interests of the resident residents and breach of trust on duty.

Due to such decision of the former president C's voluntary guarantee of status, he/she has caused considerable damage to the occupants due to the occurrence of a misappropriation incident, such as embezzlement, because he/she failed to exercise the right to supervise the management E at the representative meeting of occupants.

The phrase “” is written.

The purport of the above phrase is that “the injured person has extended the retirement age of the staff in the management office on a sole basis without going through the normal resolution process of the council for representatives of occupants, such as the participation and voting of the Dong representatives, who are members of the council for representatives of occupants.”

However, the resolution of this case is approved by all the participants in the meeting of the representative council of the above B apartment occupants on December 8, 2009, with the consent of eight members of the representative council, F, G, H, I, J, K, and L.

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