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(영문) 인천지방법원 부천지원 2016.01.14 2015고정968
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

1. From May 20, 2014 to March 31, 2015, the Defendant was a person who was the president of the “D”, an incorporated association located on the first floor of Seocheon-gu, Seocheon-gu C underground level.

According to the minutes of the temporary board of directors of the above incorporated association on April 12, 2014, the Secretary-General shall keep all the passbooks and cards in the name of 1. Corporation, and when using all passbooks, he/she shall use them after preparing a clear reason (written statement of expenditure).

2. Support payments, board’s expenses, etc. are funds necessary for the operation of the foundation and self-responsibility (30%) and funds to be used for the self-responsibility (30%). A resolution has been adopted that the accounts should be completed.

Since the Defendant is in the position to represent the above corporation and exercise overall control over the business of the corporation, the Defendant did not arbitrarily use the funds of the corporate support fund account in compliance with the above resolution, and when paying funds from the support fund account, there was a duty to prepare and use a written request for disbursement only when necessary for the operation of the corporation through the Secretary General.

Nevertheless, the Defendant arbitrarily violated the same occupational duties on October 6, 2014, and purchased gift certificates by transferring KRW 200,000 from the corporate support fund account (CF) that the Defendant possessed and managed with the head of the Tong, and paid KRW 200,000 to F and G with a usual relative relationship with the Defendant, thereby obtaining property benefits equivalent to the above amount, and caused property damage to the said corporation, as well as damage to the said corporation equivalent to the above amount of property, the Defendant incurred damages equivalent to KRW 1,067,100 in total over 12 times to the said corporation, such as the list of crimes in the attached Table (1).

2. “D”, an incorporated association in violation of the Subsidy Management Act, under the pretext of 4,00,000 won in terms of expenses for providing meals to the disabled persons, office operation expenses of an incorporated association, and the salaries of the Secretary General, according to the decision to grant subsidies from Bupyeong-si, 2014.

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