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Defendant
A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 700,000.
The Defendants were punished by fine.
Reasons
Punishment of the crime
1. Defendant A, from October 2007 to March 2009, had a duty to preserve the property of the said apartment residents by concluding a contract on behalf of the said apartment occupants by setting reasonable contract terms and conditions.
Nevertheless, on October 26, 2007, the Defendant entered into a service contract for the collection and disposal of recycled products generated from the above apartment complex by setting the selling unit price of E and E at KRW 700,000 per month at the above apartment management office, and entered into such contract on October 29, 2008 by raising the selling unit price at KRW 1,132,000 per month in the extension of the above service contract, but agreed to reduce the above selling unit price from the representative director F of the above company after receiving illegal solicitation to demand the reduction of the above selling unit price from the above representative director F of the above company. On November 2008, the Defendant received KRW 2,00,000 from G of the above company employees who were ordered by the above F in return for such solicitation at the front underground parking lot of the above apartment management office.
Accordingly, the defendant acquired property in return for illegal solicitation from F.
2. Defendant B was the head of the management office of the above apartment from around December 2008 to February 201, and the officers of the council of occupants’ representatives raised heating costs to A, and discovered the fact that the seals of 13 households, including A, have been removed. In the event that the above seals were removed, Defendant B neglected the duty to check the remote direction and the internal flow meters, and neglected the duty to check whether the guidelines for the direction function properly, etc., the above apartment management office was responsible for damages against the above council of occupants’ representatives, and the above apartment management office was at the risk of dismissal, and the removal of the above seals was not an neglect of management.