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(영문) 청주지방법원 충주지원 2016.10.20 2016고합13
특정경제범죄가중처벌등에관한법률위반(배임)
Text

Defendants shall be punished by imprisonment for three years.

However, the defendants are above five years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 14, 2016, Defendant A was sentenced to a suspended sentence of ten months for fraud, etc. at the Seoul Central District Court, and the judgment became final and conclusive on January 22, 201.

【Criminal Facts】

Defendant

A is a director of G G, a foundation foundation established for the purpose of the creation and management of a park cemetery from around 1987 to May 2013, who was engaged in various duties related to the operation of the said foundation, and Defendant C is a director of the victim foundation G from around 1987 to January 2014, who was engaged in various duties related to the operation of the said foundation.

1. In the case of selling, securing, leasing, exchanging, or bearing any obligation under the articles of incorporation of G, a victim foundation corporation A, the meeting of the board of directors shall obtain a resolution of at least two thirds of the registered directors at the meeting of the board of directors;

The Defendant was urged to pay approximately KRW 200,000,000 from B on October 30, 2010 to the victim foundation G office located in Seocho-gu Seoul Metropolitan Government Htel 1702, with the intention of paying “1.2 billion,” on the ground that the above 200,000,000 won was considered in light of the inflation rate for the above 200,000 won. However, even though there was no fact of resolution by the board of directors under the above articles of incorporation, G, a foundation foundation, without the fact of having passed a resolution by the board of directors, shall pay KRW 1.2 billion to B until June 30, 2011.

‘ ‘Written rejection of consultation containing the contents, etc., signed and sealed the official seal of the G president, etc., and delivered it to B.

As a result, the Defendant violated his duties, thereby obtaining property benefits equivalent to KRW 1.2 billion to B, and suffered damages equivalent to the same amount as the victim foundation G.

2. Defendant B, Defendant C, and Defendant C, who received a written rejection of the agreement from A as set forth in paragraph 1, are in possession, using it, KRW 1.2 billion in the agreed amount at the court.

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