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(영문) 대전지방법원 2014.05.13 2013고단4944

업무상배임

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is a person who manages the property of the victim's clan and makes a decision on behalf of the victim's clan while he/she serves as the chairperson of the victim's clan from November 18, 2009 to the date (hereinafter "victim's clan").

D, E, F, and G, an executive of the victim clan, in collusion with H and real estate brokers I (hereinafter referred to as "D, etc.") on behalf of the victim clan on September 14, 2009, purchased forest land on behalf of the victim clan, such as Chungcheongnam-gun, Chungcheongnam-gun on behalf of the victim clan, and entered the purchase price in the sales contract as KRW 1,740,000,000,000 exceeding KRW 19,000,000,000,000, which is the actual purchase price, into the sales contract, and entered the difference as KRW 19,000,000,000,000, which was divided by a refund from the seller, and continued to be tried in the case of breach of trust by the Daejeon District Court Decision 2012No1342 on January 2013, the victim clan was expected to receive the amount of damage KRW 190,000,00 from D, etc.

Therefore, the defendant, the representative of the victim's clan, has a duty to properly preserve and manage the property of the clan and to make important decisions on property when he/she takes important property, by faithfully speaking in the position of the victim's clan, restoring damage to the maximum extent possible, civil litigation for the recovery of damage, etc.

Nevertheless, on January 17, 2013, the Defendant, in violation of his duties, received from D a promissory note of KRW 90,80,000 and KRW 30,000 for the agreed money, and agreed among D, “A, the representative clan president of the clan, who is a member of the clan, receives KRW 140,000,000 from D, F, G, H, and E, and receives KRW 7,00,000 from I and receives KRW 7,00,000 from I on January 29, 2013.”