업무상배임등
Defendants are innocent.
1. Defendant A, the facts charged, from April 28, 2014 to September 2017, worked as the head of the “D Housing Redevelopment and Improvement Project Association” established as an organization for the promotion of housing redevelopment and improvement project on the 1519 parcel of land outside Busan Geum-gu, Busan, and the head of the organization for the promotion of housing redevelopment and improvement project, and Defendant B, who was in charge of the overall administrative affairs of the said association from April 28, 2014 to September 2018, was a person who was working as a general director of the said association while working as a general director of the said association.
In order for redevelopment association to use the rearrangement project cost, the resolution of the general meeting of the union members should be required. The above association approved that the expenses for the general meeting to be “project implementation authorization” at the representatives’ meeting on August 11, 2017 and the special meeting of union members within the limit of 300 million won. Thus, the Defendants, who are executive officers of the above association, should not pay the “general meeting expenses for project implementation authorization” exceeding 30 million won unless they undergo the resolution of the general meeting of union members. However, the Defendants conspired to act in violation of the above duties, without the resolution of any additional general meeting on October 12, 2017, and paid 130 million won to E Co., Ltd. with the “general meeting expenses for project implementation authorization” and paid 430 million won more than the above approval amount, thereby having E Co., Ltd. gain property benefits equivalent to 130 million won and thereby having the above association, which is the victim, thereby prohibiting voluntary redevelopment of its property damage.
2. According to the records, the association in its holding approves 300 million won as expenses for the general meeting for project implementation on August 11, 2017 at the meeting of the board of representatives from the meeting of representatives from August 11, 2017, and selects, from September 9, 2017, the “special meeting of the association members for the selection of a contractor” as an agenda item (2) as an executor with a consortium, and the association operation expense budget of 2017 as an agenda item (3).