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(영문) 서울남부지방법원 2011.07.15 2010고단2189
업무상배임 등
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of three hundred thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A was the chairman of the council of occupants' representatives of Yeongdeungpo-gu Seoul Metropolitan Government D apartment from December 2, 2006 to August 2009, and Defendant B was the chairman of the council of occupants' representatives of the above apartment from April 2007 to October 8, 2008.

1. On April 7, 2008, while the Defendants managed public funds of the council of occupants' representatives, the Defendants voluntarily paid KRW 100,000 and KRW 30,000,00 to E and employees, who are the director of the service company, under the pretext of a special deposit, without the consent by the resolution of the council of occupants' representatives or by the public announcement of occupants.

Accordingly, the Defendants conspired in breach of their occupational duties and embezzled public funds of the council of occupants' representatives.

2. The sole criminal conduct of Defendant A;

A. On March 21, 2009 and February 23, 2009, when a vacancy occurs in the members of the council of occupants' representatives in the apartment complex in Yeongdeungpo-gu Seoul Metropolitan Government, the election commission shall elect the members of the council of occupants' representatives, and the council of occupants' representatives shall not be dissolved, notwithstanding the fact that the vacancy occurs in the members of the council of occupants' representatives at the time and the election commission recommended candidates on the ground that the vacancy occurs in the members of the council of occupants' representatives, and the election commission does not comply with this, the above special election is postponed and the new election commission will constitute the election commission.

B. On April 20, 2009, the Defendant, by publicly announcing the dissolution of an election commission at will within the above apartment complex, etc., by publicly announcing the dissolution of the election commission at will in the above apartment complex, and by filing a lawsuit against the officers of the council of occupants’ representatives, H and G filed a lawsuit seeking confirmation of the existence of the status of executives, etc.

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