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(영문) 인천지방법원 2017.04.28 2016고정3246
업무상배임등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

From January 1, 2015, the defendant is the 24-time chairperson of the residents' representative meeting of the Nam-gu Incheon Metropolitan Government D apartment (hereinafter referred to as "the apartment of this case").

1. The Defendant, on November 18, 2014, posted a photograph of Victim E, a general secretary of the representative meeting of apartment occupants, on the bulletin board of the apartment in this case, and had him/her escape from the public funds of the apartment household.

The Ministry of Information and Communication posted a banner stating "F (the former president of the representative meeting of apartment occupants) who returns all the f (the former president of the above apartment building) who is close to the chairperson's business and disregards the residents, thereby impairing the honor of the victim E and F by openly pointing out false facts on the wall of apartment building.

2. The Defendant in occupational breach of trust has a duty to use the operating expenses of a representative meeting of occupants as the chairperson of a representative meeting of occupants only for the purpose of common interests, such as lawful performance of duties.

A. Nevertheless, on November 4, 2015, the Defendant, in violation of his/her duties, brought a criminal lawsuit against the president and the general secretary of the said pre-existing apartment building in violation of his/her duties to the Incheon Local Public Prosecutors' Office due to occupational breach of trust, and paid 400,000 won to the law firm at random as the operating expenses of the pre-existing occupant representative meeting without going through a resolution of the occupant representative meeting, on November 4, 2015, and 4,400,000 won as the operating expenses of the pre-existing representative meeting, on November 11, 2015.

Accordingly, the defendant obtained property benefits equivalent to 4.4 million won from the above law firm and suffered damages equivalent to the same amount in the apartment of this case, the victim.

B. On May 4, 2015, the Defendant violated his duties and did not go through a resolution of the representative meeting of occupants and a regular recruitment announcement, etc. on the apartment management office of the instant apartment without being aware of it.

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