업무상배임
Defendants shall be punished by a fine of three million won.
If the Defendants did not pay the above fine, 100,000 won.
Punishment of the crime
Defendant
A is the head of the partnership of the redevelopment and rearrangement project association, and Defendant B is the general director of the partnership.
1. From December 2014 to November 201, 2016, Defendants non-related to the meetings of the board of directors are the president of the association and the general director of the association. As such, the Defendants are obligated to execute the funds of the association as prescribed by the internal regulations of the association.
According to the bylaws of the association, a meeting of the board of directors may be paid 100,000 won per director once, and 18,000 won per director from December 2, 2014 to November 2016 was held at a meeting of the board of directors, and five directors have been held during this period, and thus, the funds of the association, which can be executed as a meeting of the board of directors during the above period, are the maximum amount of 1.8 million won per director.
Nevertheless, on May 30, 2017, the Defendants violated the occupational duty that should not pay excessive meeting expenses by accurately observing the above bylaws, and enforced more than 16.6 million won per director by paying 4.8 million won per 5 directors, regardless of whether he/she is present at the meeting of the board of directors from December 2014 to November 2016, 2016, regardless of whether he/she is present at the meeting of the board of directors from December 2014 to November 2016.
As a result, the Defendants conspired to obtain property benefits equivalent to KRW 16.6 million from 5 persons, including G, and caused property damage equivalent to the same amount to the victim association.
2. From December 2, 2016 to May 2017, Defendants not related to the meeting of the board of directors are the president of the association and the general director of the association, and thus, the funds of the association should be executed as prescribed by the internal regulations of the association.
According to the bylaws of the association, a meeting of the board of directors may be paid KRW 100,000 per director once, and a meeting of the board of directors was held six times from December 2016 to May 2017, and eight directors during this period.