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(영문) 대전지방법원 2017.12.08 2016고단3724

업무상배임

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

On August 29, 2016, the defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) at the Daejeon High Court on August 29, 201, and the above judgment was finalized on July 11, 2017.

[Attachment, the Defendant was a joint representative of E (the present F) multi-unit apartment unit purchaser countermeasure committee, which was newly constructed from July 24, 2005 to March 2007, at the Daejeon U.S. D and three parcels of land. From July 2005, the Defendant was a representative director of G (State) from July 2005 and was in charge of preventing damage to the buyers of the above apartment unit and protecting the property rights of the buyers of the above apartment unit.

(H) Around May 2003, H (hereinafter referred to as “H”) selected a corporation as a contractor to implement a project to newly build and sell E on the land of Daejeon Seo-gu, Daejeon and three parcels of land (hereinafter referred to as “S”) and commenced the said new construction project. However, the new construction project was suspended on July 2004 due to a lack of funds.

Accordingly, in order to continue the construction of the above new construction, the parties of the above E constituted a committee for countermeasures against buyers around July 2005, to elect the defendant, J and K as the joint representatives, and to perform the duties of the committee for countermeasures against buyers through G (State) after acquiring G (State).

On July 26, 2005, the Committee on Countermeasures for Purchasers of Sale changed the name of L and E owner representing H and I and the name of E owner designated by the Committee on Countermeasures for Seller of Sale; E apartments, etc. which are not sold in lots or the sales contract of which has been terminated, are subsequently sold and agreed to use them for E construction expenses, etc.; and on the following day, it decided to change the name of the owner in G (State) by holding a two-minutes meeting; and the defendant has the G (State) representing the representative of the Committee on Countermeasures for Seller of Sale.

L has prepared a written consent to the effect that L does not dispose of E's unsold housing units and apartment units whose sales contract has been terminated without consent from the Committee for Countermeasures against the Victims on August 2005.