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(영문) 부산지방법원 서부지원 2019.03.28 2018고정714
업무상배임
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is the defendant from July 1, 2015 to the date of his/her duty as the Cdong representative of the building B in Busan Northern-gu and the chairperson of the apartment council of occupants' representatives, who exercise overall control over the duties of the council of occupants' representatives and engage in duties

According to the above management rules of apartment houses, the operation expenses of the council of occupants' representatives are to be paid to the self-employed organization in order to revitalize community life. Therefore, in order to grant subsidies to the above apartment group, the council of occupants' representatives should first go through a resolution of the council of occupants' representatives.

Nevertheless, on January 14, 2016, the Defendant paid 80,000 won (30,000 won to the Senior Citizens Association, 300,000 won society, and 200,000 won youth association) to the Senior Citizens Association, Women's Association, and Youth Association, which are the self-employed organizations of the above apartment, by approving the written request for funds proposed by the management office without going through a resolution of the council of occupants' representatives as to whether to grant subsidies to self-employed organizations, as shown in the attached list of crimes from around September 2017 to around September 2017.

After all, the defendant violated his duties, thereby obtaining property benefits equivalent to 15.2 million won from the Senior Citizens Association, which is the self-employed organization of the above apartment, and suffered property damage equivalent to the same amount from the above council of occupants' representatives.

2. In full view of the following circumstances that can be recognized by the records of the instant case, it is difficult to view that the Defendant paid subsidies to self-living organizations of the instant apartment without the resolution of the council of occupants' representatives, and there is no other evidence to prove otherwise.

① The council of occupants’ representatives of this case shall provide support of 50,000 won per month to the Women’s Council on December 9, 2008.

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