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(영문) 의정부지방법원 2014.01.15 2012고단3005
업무상배임등
Text

The defendant shall be innocent.

Reasons

1. The Defendant in the facts charged is the person who was the president of the E Housing Redevelopment Improvement Project Promotion Committee established in the Guri-si in the Guri-si of Gyeonggi-do, 65,000, and has been the president of the said Housing Redevelopment Project since the establishment was approved by the Guri-si around July 5, 2010.

When the defendant selects the rearrangement project management business entities and designing business entities that will proceed with redevelopment projects as the chairperson of the above committee for the promotion of the establishment of the association through a resolution of the residents' general meeting, the defendant has a duty to investigate the sales size, the number of employees, the number of technical employees, the number of years elapsed in the establishment of the company, the service performance, credit rating, etc. of the bidding business so that residents can make a decision-based decision-making based on accurate information, and explain the outline thereof in advance to the residents, or to limit the number of bidding businesses for the efficient resolution at the residents' general meeting, to select the bidding business entities that are suitable for the promotion of redevelopment projects in accordance with legitimate procedures, thereby promoting the smooth progress of redevelopment projects

Nevertheless, the Defendant violated his/her duties and pursuant to the “Operational Regulations for the Establishment of the E Housing Redevelopment Promotion Committee” on July 19, 2010, according to the “Operational Regulations for the Establishment of the E Housing Redevelopment Promotion Committee”, even though the selection of a rearrangement project management contractor and a designer is required to be made through a resolution of the residents’ general meeting, the Defendant, from among the total members of the above Promotion Committee 53 members, without any legal basis, made a “examination subcommittee” comprised of 11 members who are favorable to the Defendant. The examination subcommittee arbitrarily set the reasonable internal unit price of the rearrangement project management contractor and the designer at its own discretion at KRW 42,00,000 per average, followed by the bid at its 42,00 won among the rearrangement project management contractor and the designer.

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