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(영문) 인천지방법원 부천지원 2014.01.08 2013고정1163
업무상횡령
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Defendant B of the facts charged in the instant case conspired with each other as the president of the council of occupants' representatives in charge of the foregoing business and Defendant A, a general secretary of the council of occupants' representatives in charge of the management expenses that he/she received from the occupants in the above apartment from the residents in the apartment, and filed a criminal complaint against some of the occupants who interfered with the representative meeting's business by entering the management expenses in the meeting of the council of occupants' representatives in charge on March 7, 2013, the management expenses that he/she had received from the occupants in the non-Seoul-si D apartment in the non-Seoul-si Seoul Special Metropolitan City, Nowon-gu, and then embezzled the management expenses that he/she had been in charge of the business from the occupants in the meeting of the council of occupants' representatives on March 7, 2013, with the attorney fees of KRW 3,300,00,000, recording fees of March 12, 2013; and embezzled the total amount of KRW 20,2003.

2. In full view of the following: (a) the Defendants’ partial statement, the Defendants’ legal statement, each disbursement resolution (3.3 million won for the appointment of a lawyer, recording fee, 660,000 won for video editing), the receipt of transportation expenses, and video photographic receipt, the Defendants, as the president of the said council of occupants’ representatives and the general secretary, filed a criminal complaint against some of the occupants who interfered with the representative conference’s business as the chairman of the council of occupants’ representatives, and paid attorney fees, etc. from the expenses of the council of occupants’ representatives.

On the other hand, the attorney fees that can be paid as the expenses of the organization are limited to the case where the organization itself becomes a party to the lawsuit.

Therefore, the cost of attorney-at-law in civil and criminal cases, which become a party to the organization, cannot be paid to the organization's expense. However, in exceptional cases, if an individual becomes a party to a lawsuit or other legal procedure for legal reason, it is due to the fact that the organization's representative is a party to the lawsuit or other legal procedure.

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