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(영문) 수원지방법원 성남지원 2016.07.19 2016고정254
업무상배임
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

From January 1, 2013 to December 31, 2014, the Defendant served as a representative meeting of occupants of apartment houses C.

1. On January 14, 2013, when 90,000 won per month is delivered as operating expenses of the representative meeting of occupants from the apartment management expenses by taking advantage of the status of the president of the representative meeting of occupants of the C Apartment Housing Management Office in the office of the representative meeting of occupants of the C Apartment Housing in Seongbuk-gu, Seongbuk-gu, Seoul Metropolitan City.

Nevertheless, in violation of the duties, the part of the operating expenses of the tenant representative meeting was consumed under the membership fees of the apartment association of the party apartment association for which an individual participated, etc., and 500,000 won was arbitrarily consumed over 25 times in total as shown in the attached Table 1 of the crime committed in the annexed Table 1, thereby gaining profits equivalent to 50,000 won to the federation of the party branch and causing damages equivalent to the same amount to the C tenant representative meeting.

2. On January 14, 2013, when 90,000 won is received every month from the apartment management expenses by taking advantage of the status of the president of the representative conference of occupants of the C Apartment Housing Management Office in the office of the representative conference of occupants of the C Apartment Housing Management Office in Seongbuk-gu, Seongbuk-gu, the duty to pay for the purpose thereof.

Nevertheless, in violation of their duties, 10 persons, such as auditors D, who act as a representative of the occupants' representative meeting, have been disbursed as the expense of 70,000 won per unit of crime, such as attached Table 2, and have the representative of occupants gain profit of 700,000 won to the executives of the representative of occupants, and have suffered loss equivalent to the same amount at the representative of the occupants' representative meeting of the C apartment.

[Attachment 1 and 2 are omitted in the indictment of this case. However, in light of the contents, etc. of the indictment of this case, it constitutes a simple clerical error or omission that does not interfere with the defendant's exercise of right to defense, and thus, it shall be corrected ex officio.]

Summary of Evidence

1. Partial statement of the defendant;

1. A petition prepared in male-Naming City and a written request for an investigation;

1. The rules of multi-family housing management, the statement of withdrawal from the head of Tong, and the statement of expenditure; and

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