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(영문) 의정부지방법원 고양지원 2015.06.12 2014고단2966
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is working as the Director of the Commercial Building Management Office of Yongsan-gu Seoul Metropolitan City from around April 2004 to April 2014 and has overall control over the imposition, collection, use, etc. of management expenses.

As the head of the commercial building management office of the above commercial building, the defendant imposes and collects management expenses, such as general management expenses, cleaning expenses, disinfection expenses, repair and maintenance expenses, electricity fees, water supply and sewerage fees, etc. from each occupant store according to the management rules, according to the duty of duty to purchase and collect them

Since January 208, the Defendant, in violation of the above occupational duties, failed to pay the management expenses to D who operated Sarina on the first and second underground floors of the above commercial building, and neglected to pay and collect management expenses to D in accordance with the management rules, while neglecting to pay and collect management expenses for the above D in accordance with the management rules, he was willing to impose and collect management expenses to other occupants.

The Defendant imposed and collected KRW 67,00,000, as described in attached Table 1, on the electric fee items for other occupant-merchants, such as E’s representative F, etc., without making reasonable efforts, such as attempting to file a civil claim or compulsory execution in order to impose and collect electricity and other management expenses in violation of his/her duties from January 2008 to August 2013, the Defendant distributed and collected KRW 73,925,924, as described in attached Table 2, to the general management expenses items of other occupant-merchants, such as the above F, etc.

As a result, the defendant violated his duties, thereby obtaining property benefits equivalent to KRW 140,925,924 from the above D, and suffered property damage equivalent to the above F and others.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A complaint (including attached documents (Evidence 7 through 27));

1. Application of the regulations on the management of a shopping mall and the Gyeonggi-do shopping mall standard management rules;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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