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(영문) 대전지방법원 천안지원 2018.05.18 2016고단1868
업무상횡령
Text

Defendant

A and Defendant B shall be punished by imprisonment with prison labor for one year, Defendant C and Defendant D, for ten months.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant C is the director for the management of the Nam-gu E apartment (hereinafter referred to as the “instant apartment”) in Yongsan-gu from January 2014 to October 2015, 2015, who is in charge of the overall apartment management, including the revenue management expenses, etc. and the expenditure related to the management of the apartment. Defendant D is the chairperson of the instant apartment from June 201 to May 31, 2013, who was in charge of the overall decision-making of the instant apartment and was in charge of the budget and settlement approval, etc. of the management expenses, etc. from May 2007 to December 201, 201. Defendant A is a person who was the representative of the occupants of the instant apartment from May 207 to the same day, and Defendant B is a de facto spouse of Defendant A.

1. In light of the fact that the above E apartment complex entered into a contract for the construction of heat joint power plant facilities with G Co., Ltd. (hereinafter “G”) for the reduction of electricity and heating costs around 2005, the said apartment complex agreed to pay KRW 42,886,00 per month for the purpose of energy saving performance, from November 2005 to October 201, if the energy saving rate exceeds 30%, E apartment is paid KRW 42,886,00 per month for six years from around 2005 to around 201.

Accordingly, the above E apartment was collected management expenses from apartment occupants from January 2006 to December 201, 2013, and received a certain amount every month as the energy saving performance and paid in installments to the above G.

However, Defendant A, the above apartment H Dong representative, Defendant I, J Dong Dong representative, K, L Dong representative, P Dong representative M, P Dong representative, Q Dong representative, R Dong representative, T Dong representative, U, VI Dong representative, and V Dong representative, Defendant A, the above apartment H Dong representative, and the F Dong representative, decided not to pay the amount of energy conservation performance in G, on the ground that it is no heating cost actually saved since May 2007.

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