업무상배임
The defendant is innocent.
1. The summary of the facts charged is that the Defendant, from around September 10, 207, served as the president of the C Commercial Association for the purpose of constructing and selling the C Commercial Complex in Seongbuk-gu, Sungnam-si, and was in charge of representing the association and controlling and managing the affairs of the association. The said C Commercial Association was composed of 16 persons from among those who were allocated the right to purchase the land for taking countermeasures against the Korea Land and Housing Corporation.
According to the above articles of association, a union is obliged to succeed to the rights and obligations of a person who is disqualified or dismissed as a union member (Article 7(4) of the articles of association). Matters concerning the exercise of rights and performance of obligations under all the terms of a contract, matters concerning the burden and collection method of a union member, matters concerning admission and change of a union member, etc. shall undergo a resolution at the general meeting of the union (Article 14(1) of the articles of association). The head of a union has a duty of care to protect the rights
Nevertheless, on June 20, 2008, the defendant violated his duties and entered into a contract for the implementation of the above commercial building project with E without going through a resolution, etc. at the general meeting of the association's meeting at the above offices located in Seongbuk-gu D building 104, Sungnam-si, and the defendant violated his duties. Since the president of the association (the defendant) recognized his contribution as the president of the association, all union members paid the bonus of KRW 50 million to A (the defendant) at the time of sale in lots or sale, and the bonus of KRW 16,00,000 to the president of the association is paid at the time of sale in lots and sale in lots and all shares of the cooperative members are equal to 16,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00.