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(영문) 전주지방법원 군산지원 2013.03.06 2012고정640
배임수재
Text

Defendant

A and B shall be punished by a fine of KRW 3 million, and Defendant C shall be punished by a fine of KRW 700,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

B From July 2009 to August 2010, 2010, the unit table of the H apartment apartment representative meeting in the Gunsan City. Defendant A was living together with Defendant B at the time, and Defendant C was a person who entrusted the management of the above apartment with the trade name of I Co., Ltd.

1. Defendant A and B’s joint criminal conduct is an incidental table to the above collective housing representative meeting, who is in charge of exercising voting rights at the representative meeting in selecting the above apartment management company, and Defendant A is a person who actually exercises influence over the above representative meeting as a person living together with Defendant B. Defendant B is a person who has an occupational duty to conduct a fair examination in selecting the above entrusted management company.

Nevertheless, around July 2009, the Defendants accepted the request from the above C to be selected as the above apartment management company.

Defendant

B A around July 2009, require the above C to open a cell phone necessary to put about the duties, and the Defendants also demand the same year.

8. A mobile phone (J) opened in the name of “I” corporation near the above H apartment at the beginning, and the Defendants used the said mobile phone from that time to March 31, 201, and paid the amount equivalent to KRW 1,088,120 to C.

B. On August 2009, Defendant B decided to receive KRW 2 million from C by stating that “I need not conduct personnel management at once” to the above C in the middle of August 2009.

Defendant

B Around October 1 of the same year, a resolution was passed to select the said I Co., Ltd. as the above apartment management company, and the Defendants, together with the Defendants, received a bag containing two million won in cash from the above C, within C’s K car parked in the vicinity of the entry of the Saemangeum City, Gyeong-si, Gyeong-si, Gyeong-si on the 24th or 25th of the same month.

As a result, Defendant B is a person who deals with the affairs of the above apartment association in collusion with Defendant A.

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