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(영문) 춘천지방법원 강릉지원 2017.03.30 2016고단1538
업무상횡령등
Text

Defendant

A Imprisonment with prison labor for one year, and for three months, each of the defendants B.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Defendant

On November 4, 2016, A was sentenced to the suspension of the execution of four months of imprisonment for fraud at the Gangnam Branch Branch of the Chuncheon District Court, and the judgment became final and conclusive on November 12, 2016.

1. The premise facts are as follows: (a) from the beginning of July 2014 to July 6, 2014, Defendant A served as the 106 Dong-si representative of the apartment unit E; (b) from July 7, 2014 to October 2015, Defendant A served as the president of the said apartment unit occupant’s representative meeting; (c) supervised meetings for decision-making on the apartment unit; and (d) engaged in overall affairs concerning the management of the said apartment unit.

In early 2014, the representative meeting of the occupants of the above apartment was thought to respond to the issue of defect repair works to the FF corporation by filing a lawsuit against FF corporation for the cost of repair of defects or demanding the implementation of the defect repair works. At that time, G, the president of the representative meeting of apartment occupants, at the time, entrusted the defendant who was the representative of the above 106 Dong Dong-dong unit at the time, with the authority to select an enterprise related to the progress of the lawsuit and conclude a contract as one of the countermeasures against defect repair, and the defendant was introduced from the branch, “H” corporation, the defect appraisal company.

Defendant

A around March 2014, upon receiving an illegal solicitation from Defendant B, the representative of H, “A” to the effect that “I will give five million won in return for the conclusion of a contract for delegation of a lawsuit with “Law Firm I introduced within the country” (a corporation H will provide defective appraisal services to Law Firm I and receive the cost from Law I)” from Defendant B, the said corporation recommended the said corporation as a defective appraisal company by asserting that the representative meeting of apartment occupants should not file a lawsuit claiming for the repair of defects with F Co., Ltd.

At the recommendation of the defendant on May 9, 2014, G is about the claim for the deposit for repair of defects with the law firm I for the occupant of the above apartment.

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