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(영문) 의정부지방법원 고양지원 2014.11.28 2014고단1343

업무상배임

Text

Defendant

A Imprisonment with prison labor for one year, and for one year and six months, respectively.

Reasons

Punishment of the crime

Defendant

A from around 2003, a person who represents the clan as the chairperson of the Victim G clan and has overall control over the affairs of the clan, such as the management of the property of the clan, and Defendant B, as the member of the clan, has been engaged in the affairs of the establishment and operation of funds for the clan and the management and disposition of the real estate owned by the clan, has the duty not to incur damage to the clan by complying with the clan rules when intending to dispose of the property of the clan or by disposing of it at an appropriate price after the resolution of the general meeting of lawfully convened clans.

Nevertheless,

1. On November 6, 2012, the Defendants entered into a contract with J for the sale of the I land (area 9,860 square meters) equivalent to 2,19,90,000 won of the officially announced land price of the said clan owned by the said clan to the J for KRW 1,830,00,00 without a lawful resolution of a clan general meeting. On February 12, 2013, the Defendants entered into a contract for the sale of the said land to the J for KRW 3,465 square meters, such as I (area 3,465 square meters), K (area 6,15 square meters), L (area 280 square meters), and K land in three lots, including 187.6 square meters, around February 25, 2013, and registered the ownership transfer to the Sinju Co., Ltd. for part of L (area 3,333, and 481 square meters of land (area 280 square meters).

As a result, the Defendants conspired to act in violation of the above duties, thereby obtaining the amount equivalent to 289,90,000 won (2,19,900,000 won-1,830,000 won) from the J and causing damages equivalent to that amount to the victims.

2. On June 26, 2013, the Defendants entered into a contract to sell to theO land of KRW 380,000,000, the total land value of which is 546,000,000 won (area 860 square meters), and N (area 1,240 square meters) owned by the said clan in the above clan office located at H around the same time as, October 26, 2013, and around January 2, 2014, the Defendants entered into a contract to sell land of KRW 380,000,00 to theO, and around September 30, 2013, to P, who is the spouse of Defendant B, and around January 2, 2014.