beta
(영문) 서울중앙지방법원 2013.12.27 2013고단4147

업무상배임미수

Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Summary of the facts charged in this case

A. On February 1984, the Military Personnel Mutual Aid Association of this proposal is a nonprofit incorporated association established for the purpose of stabilizing the lives and promoting welfare of soldiers on active duty and civilian employees on active duty, and is engaged in profit-making business such as membership benefits, housing projects, and welfare projects.

On January 29, 2003, the Military Mutual Aid Association entered into an agreement with the Housing Association on behalf of the Military Mutual Aid Association to jointly promote the implementation of the project until then. On the same day, the Housing Association entered into an agreement with the Housing Association to jointly promote the implementation of the project on behalf of the Military Mutual Aid Association; three companies, such as H Co., Ltd., and H Co., Ltd., I, J, K, L (H representative), and M (N Standing) on the land designated as the redevelopment area; on the one hand, the land owned by corporations, such as the Housing Association (hereinafter referred to as “corporate land”) such as the Housing Association (hereinafter referred to as “the land owned by a corporation”) at KRW 41 billion; on the other hand, the land owned by the private entity such as the Housing Association (hereinafter referred to as “the land owned by a private person”) at KRW 32.5 billion; on the other hand, the seller purchases the remaining land in the land for the business site at KRW 1.1.5 billion; on the other hand, the land owned by the private person at KRW 1.7.3 billion.

The Military Mutual Aid Association paid 41 billion won to the land owned by a corporation until May 2003 according to the above contract, and paid 10 billion won out of 32.5 billion won to the land owned by a corporation to the non-party I and the non-party 4 on August 18, 2003, and additionally paid 15 billion won on June 15, 2004.