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(영문) 의정부지방법원 2017.03.30 2016고단3154
업무상배임
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Criminal facts

A victim E regional housing association (hereinafter referred to as the "victim E association") has been authorized to be established from the viewing of the Gu in 2003 as a regional housing association that implements new apartment construction projects in 144 lots of the Guri-si, other than the 144th unit of the Guri-si.

Defendant

B was the de facto president of the victim union from around 2013 to around 2012. Defendant A, as a member of the victim union, was the overall director of the victim union from the time of authorization for establishment to the time of 2012. However, from around 2013 to the time of authorization for establishment, the Defendants were the president of the victim union, and were in charge of fund management.

From around January 4, 2010, the Defendants selected several major events and city construction projects to promote new apartment construction projects, but failed to obtain approval of the project plan for reasons such as lack of funds. On January 4, 2010, G Co., Ltd. was designated as an executing agent, and H as a Si construction project. On March 30, 2010, the Defendants established a new regional housing association under the amended Housing Act (tentatively referred to as “I regional housing association”) by securing additional members and establishing a new regional housing association under the amended Housing Act (tentatively referred to as “I regional housing association”) in the name of a new regional housing association.

In addition, funds necessary for the promotion of the project, such as the purchase cost of the site and the payment of this note, shall be funds from the members of the association to walk or borrow funds directly from the association. However, when it has become difficult to directly borrow funds in the name of the association in the process of changing the project entity from the victim association to the new regional housing association as above, the victim association shall obtain a loan by the agent as security, and as the amount disbursed for the promotion of the project is, the victim association shall obtain a loan by the agent as security, and the victim association shall complete the resolution at the general meeting of the local housing association named as above.

G. Accordingly, G.

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