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(영문) 수원지방법원 2015.01.08 2014노3396
업무상횡령
Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

【Judgment on Grounds for Appeal】

1. The summary of the grounds for appeal is that the defendant, as the representative of the Dong-si apartment in Gwangju City (hereinafter “the apartment in this case”), received the official expenses for the representative chairperson according to the resolution of the council of occupants’ representatives of the above apartment, and the defendant spent the expenses for the Gwangju apartment federation in the operating expenses of the council of occupants’ representatives before he was appointed as the representative chairperson. Therefore, the defendant did not have

(M) In addition, the court below's punishment (the fine of 300,000 won) against the defendant is too unreasonable.

(F) Determination; 2. Determination

A. The general meeting of shareholders, the board of directors, the female council, etc. adopted a resolution on the unlawful budgetary expenditure on the assertion of mistake of facts.

Even if there is no obstacle to the establishment of embezzlement or breach of trust, and the act of embezzlement or breach of trust can not be justified because it is a budget execution according to the resolution.

I would like to say.

(2) Article 32 (Operational Expenses) of the Rules on the Management of Multi-Family Housing of the instant apartment as amended on November 3, 2010 (hereinafter “instant Management Rules”) provides that “Operational expenses of the council of occupants’ representatives shall not be: ① Operational expenses and ethical education expenses under Article 50-3 (5) of the Enforcement Decree of the Housing Act; ② Session attendance expenses shall not be: ③ there is no business promotion expenses for the president: ④ there is no business promotion expenses for the president; ⑤ there is no business promotion expenses for the president: the Defendant was appointed as the representative of the Dong president on November 1, 2011, when the above Rules were in force; ② Operation expenses for the instant apartment as amended on November 3, 2010; ② Operation expenses for the council of occupants’ representatives shall not be paid; ② Operation expenses for the president from the date when the management rules in this case were amended on November 28, 2013 to the date when the Defendant received the No.4568, Dec. 1, 2017>

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