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(영문) 수원지방법원 안산지원 2020.07.23 2020고단1138
업무상배임
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the chairperson of the victim C District Housing Association Promotion Committee (hereinafter referred to as the "Promotion Committee of the instant Association") with the purpose of establishing a regional housing association under the Housing Act in relation to housing construction projects in Dongjak-gu Seoul Metropolitan Government B.

The defendant, as the chairperson of the promotion committee of the instant partnership, concluded a contract in good faith in accordance with the rules and regulations of the promotion committee for the overall interest of the partnership when entering into a contract under the name of the promotion committee of the partnership, and concluded a contract to impose a burden on the partnership members and concluded a contract to cause damage

On June 18, 2018, the Defendant received a summary order from the Seoul Central District Court to commit a violation of the Housing Act and puts the risk of losing the Chairperson’s position. In order to maintain one’s Chairperson’s position, the Defendant intended to hold an extraordinary general meeting, which presents the changes in the case where imprisonment without prison labor or any heavier punishment is finalized in the event that a person is sentenced to a fine or any heavier punishment is finalized, and entered into a service contract on behalf of the service company and the extraordinary general meeting.

According to the rules of the instant association promotion committee, contracts that will be borne by members, other than the matters prescribed in the budget, shall undergo a resolution of the general meeting, and where deemed necessary by the head of the association, or where the head of the association, at least 1/5 of the incumbent members, or at least 2/3 of the incumbent representatives, or all auditors request to convene the special meeting in writing, specifying the agenda, he/she may hold the special meeting. In such cases, the purpose, agenda

Nevertheless, the Defendant did not request the convening of an extraordinary general meeting of 1/5 or more of its employees and did not undergo a resolution of the board of directors, and held an extraordinary general meeting for the foregoing purpose.

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