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(영문) 인천지방법원 부천지원 2014.08.14 2014고단1185
업무상배임등
Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment of ten months and by imprisonment of ten months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. From November 12, 201 to October 23, 2013, Defendant A was the president of the council of occupants’ representatives at the first time of the victim E apartment in Kimpo-si, Kimpo-si. Defendant A had occupational duties, which, as the president of the council of occupants’ representatives, presides over the council of occupants’ representatives, and manages the funds and management expenses of the said apartment occupants in good faith, should not cause property damage to the occupants, and Defendant B is the operator of the “F”, the aforementioned apartment occupant cleaning company.

The Defendants conspired to establish a food-processing machine selling company with 9.10 million won per 1,50,000 won and supply the same to the above apartment for 2.1 billion won per 1,60,000 won per 1,000 won after being supplied with food-processing machine without certification from the Minister of Environment, despite the fact that G became aware that it would be paid KRW 270,300,000 per 1,000 for the development fund related to the completion of defects in the first and second years. In the absence of certification from the Minister of Environment, the Defendants planned that the food-processing machine selling company would be subject to removal.

Defendant

B around May 29, 2012, Defendant A established “I Gyeonggi branch office of food treatment machine sales business” under the name of Defendant B, an individual employee, and Defendant A entered into a contract to purchase and install 9.10 billion won food treatment equipment for each household, which was not certified by the Ministry of Environment between the victim and the I Gyeonggi branch office, with the amount of KRW 236.6 million from around June 13, 2012. Defendant A installed food treatment equipment to each household under the said contract. Defendant A, around June 13, 2012, with the amount of KRW 118.3 million, KRW 6,000,000,000 from around June 27, 2012, KRW 200,000,000,000 won from around July 13, 2012, KRW 360,000,000,000,000 won from around 363.7,2012.

As a result, the Defendants conspired to sell food treatment equipment as above.

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