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(영문) 서울중앙지방법원 2018.12.05 2018고정1369
업무상횡령
Text

Defendant

A and B shall be punished by a fine of KRW 500,000,000 and by a fine of KRW 1 million.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the chairperson or a member (the chairperson of the Defect Countermeasure Committee, the chairperson of the Freging Countermeasure Committee, the chairperson of the Museum Steering Committee, and the subcommittee for the establishment of G KS) of the various committees affiliated with the E E apartment occupants' representative meetings. Defendant B is a person who has been in charge of the general affairs of the 3 and the 4th tenant representative council and the D, and Defendant C is a person who has served as the chairperson of the 3 and 4th tenant representative council and the 3 and the 4th tenant representative council.

Defendant

C is the chairperson of the representative meeting of occupants who is engaged in the affairs of managing apartment management expenses jointly with the director of the management office.

1. On March 2013, Defendant A and C requested the head of H management office to request Defendant A, the president of the occupants’ representative meeting, to pay the mobile phone charges from the apartment management fees. Defendant C, as apartment management fees in the course of performing duties are strictly limited in their use, ordered the head of the management office to pay the mobile phone charges to Defendant A, notwithstanding the fact that the payment of the mobile phone charges is not possible. Defendant A conspired to submit the mobile phone charges to the management office each month by order from April 2013 to October 2013, and embezzled them by paying KRW 1,052,950 in total from the apartment management fees to the mobile phone charges and the end installment under the name of Defendant A from April 2013 to October 2013.

2. The Defendant C, as the chairperson of the occupants’ representative meeting has strictly limited the purpose of the apartment management fee in his/her duties, ordered the management office to pay the mobile phone charges to the Defendant, and submitted a written application for the mobile phone charges to the management office every month. The Defendant’s mobile phone charges and charges from May 2012 to October 2013.

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