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(영문) 부산지방법원 2017.11.15 2017고정1509
업무상횡령
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A from March 1, 2010 to February 29, 2012, as the chairperson of the 9th Council of Residents, Busan, the representative of the occupants' representative meeting and has been in charge of all affairs. Defendant B works as the management complaint of the above apartment from April 1, 2010 to February 7, 2012, and managed matters prescribed by the rules for apartment management.

According to the Housing Act, the Enforcement Decree of the Housing Act, and the Management Rules of the above apartment units (hereinafter “Management Rules”), the management entity of apartment units, which is multi-family housing, shall conduct the maintenance, repair and safety management of common areas of multi-family housing, and the collection, accumulation, and management of the long-term repair appropriation funds, and shall prepare and keep the books of monthly management expenses, etc. and miscellaneous income (referring to the income arising from the management of multi-family housing, such as interest on deposits, overdue payment fees, and fees for welfare facilities of financial institutions) on the collection, use, storage, deposit, etc. of management expenses, and shall dispose of the net income accruing from miscellaneous income within the extent of 2/100 of the total budget of the management expenses of the relevant Do in order to appropriate for the insufficient expenditure of management expenses, and the remaining balance shall be accumulated

The Defendants deposited the net profit per month from miscellaneous income, such as rent for the use of the site in the above apartment complex, to the miscellaneous income account in the name of the resident representative meeting, and deposited it to the miscellaneous income passbook account in the name of the management office under the responsibility of the Defendant B, who is the head of the management office.

Defendants conspired, around March 24, 201, the 9th 10th 10 occupants representative meeting in the office of the representative meeting of occupants of the above apartment complex, and the 49,940,579 won (26,59,470 won in 2009) with the long-term repair reserve in accordance with the management regulations, with the surplus earnings accrued from miscellaneous income in 2009-2010.

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