logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.05.02 2018고정765
업무상횡령
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. From July 201, Defendant A, as the head of Mapo-gu Seoul Metropolitan Government Management Office, was in charge of overall affairs concerning the management of the above apartment, including facility management, collection and imposition of management expenses, etc. of the above apartment. Defendant B, from January 2015 to August 2017, was in charge of the resolution of major matters and supervision of the head of the management office, etc. as the chairperson of the council of occupants’ representatives of the above apartment from January 2015

1. The Defendants conspired and embezzled miscellaneous income of KRW 127,272 through the operation of the above apartment parking lot as long-term repair appropriations in collusion with the Defendants around January 2016, by arbitrarily using miscellaneous income of KRW 5,990,81 in the above method as stated in the attached Table 1 through 12 from the date of the crime committed from January 2016 to December 2016, while the Defendants kept miscellaneous income as long-term repair appropriations pursuant to the Multi-Family Housing Management Act, the Enforcement Decree of the same Act, and the above apartment housing management rules.

2. On January 2017, Defendant A embezzled 10,826,32 won in total of 10,826,32 won in accordance with the foregoing method, as stated in the attached Table Nos. 13 through 24 from the date of the crime committed from around December 2017 to December 24, 2017, without accumulating KRW 762,725 as reserves for the operation of the above apartment parking lot, for the said apartment owner, without accumulating it as reserves for long-term repair, and arbitrarily using it as reserves for multi-family housing and community revitalization project reserve funds.

2. Determination:

(a) Relevant regulations [former management rules, enforcement May 1, 2015] Article 59 (Disclosure of Execution and Accounting of Miscellaneous Income) (2) The management entity may preferentially disburse miscellaneous income as expenses necessary to revitalize the community and promote residents' autonomous activities.

(3)

arrow