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(영문) 의정부지방법원 고양지원 2016.12.23 2016고정427
업무상배임
Text

Defendants shall be punished by a fine of three million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B served as the chairman of the council of occupants' representatives in Yongsan-gu G Apartment from September 1, 2008 to September 18, 2009. Defendant C was working as the above apartment 115 Dong representatives from March 18, 2010 to August 31, 2012. Defendant A was working as the above apartment 115 Dong representatives from November 17, 2009 to August 30, 201, and was working as the 116 Dong representatives from November 17, 201 to July 2012. Defendants were members of the council of occupants' representatives, who were engaged in various duties, such as the whole operation and management expenses of the above apartment.

The Defendants were dismissed by the council of occupants' representatives on the grounds that Defendant B, who had been performing the duties of the president of the council of occupants' representatives from September 1, 2008, violated the contract procedures with respect to the elevator advertisement in an apartment building on September 18, 2009. On September 29, 2009, the council of occupants' representatives elected H as new president at the council of occupants' representatives, and voluntarily resisting the appointment of H, the committee of occupants' representatives was established. The said committee of occupants' representatives decided to dismiss some of the 11 members, including H of the chairman of the council of occupants' representatives, arbitrarily dismissed them with the consent of some residents, and by a special election, elected new representatives. On October 2010, Defendant B arbitrarily performed the duties of the president of the council of occupants' representatives until I was elected.

As above, the Defendants appointed 11 representatives, including the new president H, dismissed by the Defendants on November 12, 2009 to exclude them from the duties of the council of occupants' representatives, and filed a lawsuit against 12 persons, including the above H, to suspend the performance of duties and request the confirmation of the existence of the status of the representative of each Dong, and filed a complaint against H for obstruction of duties and qualification. This is for personal interests of the Defendants.

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