(영문) 대구지방법원 안동지원 2015.06.19 2014고단526

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(영문) 대구지방법원 안동지원 2015.06.19 2014고단526

업무상배임등

Text

Defendant

A Imprisonment with prison labor for one year, and for one year and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

"2014 Highest 526"

1. Defendant A, as the chairperson of the victim D clan from April 17, 2010, is a person who exercises overall control over the duties of the clan as the chairperson of the victim D clan, and Defendant B is a person who is engaged in the duties of accounting, etc. as the head of the above clan from January 20, 208.

2. The defendants were engaged in the management of the property of the victim's clan as above, and the defendant Eul borrowed money from the victim's clan E upon the request of the victim's clan E to lend it, and the defendant Gap consented to this fact.

According to the rules of the victim clan, matters concerning the management of the basic property of the clan shall be subject to a resolution of the general meeting, and the duties of managing the property of the clan as a good manager, such as being provided sufficient security from the debtor.

Nevertheless, around February 25, 201, Defendant B lent KRW 20 million to E in order to promote the interest of E in breach of the above occupational duties and in violation of the above occupational duties.

As a result, the Defendants conspired to obtain profit equivalent to KRW 20 million from E and caused damages equivalent to the same amount of the same clan.

3. Defendant A

A. On May 10, 2010, the Defendant, who was engaged in the management of property of the victim’s clan, has sold 2,764m2 to 370 million won, which is the ownership of the clan, and has deposited 100 million won, which is part of the proceeds of sale, as a term deposit in the name of the Defendant.

Around September 8, 2010, the Defendant violated his duties, as a good manager, at the enclosed point of the Ansan Gaon 62, a 62-ro, a day from the establishment of the Winter Gaon Domina, on matters concerning the management of the fundamental property of the victim clans according to the rules of the general meeting, and as a good manager, notwithstanding the duties of managing the property of the said clans.

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