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(영문) 서울북부지방법원 2013.07.04 2013고단651

업무상배임등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From December 200, the defendant was working as the chief executive officer of G (hereinafter referred to as the "Foundation") who was a victim's foundation corporation as proxy from around December 2, 2000 and has occupational duties to manage the property of the foundation foundation in good faith and to handle the business affairs of the foundation foundation in good faith until he/she transfers the business affairs to the latter chief executive officer in accordance with the articles of incorporation.

1. On December 27, 2010, the Defendant in occupational breach of trust filed a lawsuit seeking the ownership of KRW 274,621,600 on the deposit money due to the expropriation of the Ma Center on the five lots of land in the old city L, the Gu and the 5th city, and filed a lawsuit seeking the ownership of KRW 274,621,60,00, in the I hotel coffee shop located in the Gwangjin-gu Seoul Special Metropolitan City, Seoul, with the official seal of the Incorporated Foundation on the written consent of the Defendant to consent to the withdrawal of KRW 274,621,60,60, and then delivered the written withdrawal of the lawsuit to K on November 1, 201 and completed the lawsuit.

The Defendant, as such, committed an act of litigation at an unfavorable level against the incorporated foundation, thereby obtaining gains from K, who is the other party to the lawsuit, the other party to the lawsuit, to maintain the deposit for the above confinement compensation (No. 2010-126 and 127 of the above court) and causing property damage which could not be promptly withdrawn from the deposit money.

2. Attempted occupational breach of trust;

A. On November 201, 201, the Defendant: (a) at the I hotel coffee shop located in Ha, Seoul, Gwangjin-gu, Seoul; (b) pursuant to the direction of the above J, filed a lawsuit seeking the revocation of a provisional disposition against KN Center on six lots, such as old-si L, the foundation owned by the same foundation (Tgu District Court Kimcheon-do 2009Kahap35), and won all the case before the appellate trial.