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(영문) 인천지방법원 2018.06.29 2018고정1155
업무상배임
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

From January 1, 2014 to December 31, 2015, the Defendant is a person who served as the Chairperson of the 11st Council of Residents, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon.

According to Article 32(5) of the above Multi-Family Housing Management Rules, "Operating Expenses shall be used for expenses necessary for the operation of the representative council of occupants, but shall not be used for the purpose of amusement." Article 32(1) of the same Rules provides for the amount limit for each item.

As the chairperson of the tenant representative meeting, there has been occupational duties to implement operating expenses in accordance with the management rules.

Nevertheless, the Defendant violated his/her duties and stated in the indictment on March 10, 2014 as “ March 10, 2015.” However, according to the evidence duly adopted and investigated by the court, it is obvious that the Defendant is a clerical error in the indictment on March 10, 2014. Therefore, the Defendant’s ex officio correction is to the extent that it does not materially disadvantage the Defendant’s defense.

208,000 won was executed under the name of the representative of the resident representative meeting and the second singing room after the meeting. On December 31, 2015, the amount of 850,000 won was purchased as operating expenses and then futuresed to the representative of the resident representative meeting to obtain profit equivalent to the above amount to the representative, and damage was inflicted on the representative of the apartment resident representative meeting.

As a result, the defendant violated his duties, thereby allowing the representative of occupants, etc. to obtain property benefits of 1,058,000 won, and causing damages equivalent to the same amount to the representative meeting of occupants.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Statement made by the police against C;

1. Documents evidencing the details of the receipt of complaint and operating expenses;

1. Application of Acts and subordinate statutes to investigation reports (or relative investigation by a public official in charge of the office of Bupyeong-gu);

1. Criminal facts;

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