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(영문) 대전지방법원 공주지원 2012.01.06 2011고단120
업무상배임 등
Text

Defendant

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

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

[2011 Highest 120]

1. Defendant A was appointed as an acting director of the Victim Development Project Association in Cheongyang-gun E from June 2, 2004. From June 2, 2004 to June 2, 2004, Defendant A conspired with G who was appointed as an acting director of the damaged union as the acting director of the association. According to the articles of association of the damaged union, he could not borrow outside money without the resolution of the general meeting of the association. The damaged union did not enter into a contract with H on December 28, 2001 with the above F development project at the time of the execution of the construction project and the construction of the site for the above F development project. Thus, Defendant A had a duty not to borrow money from another construction company without the resolution of the general meeting of the association or to conclude a construction contract for the above F development project with another construction company.

Nevertheless, the Defendant violated his duties and prepared an agreement on borrowing KRW 355,00,000 from the said I Co., Ltd. to borrow KRW 350,000,000 from the said I Co., Ltd. and then acquired property benefits and suffered property damage equivalent to the said amount from the damaged Co., Ltd., on the condition that G is an acting director of the victimized Co., Ltd. and the Defendant is an acting director of the victimized Co., Ltd., without the resolution of the general meeting of association, on the ground that he is a director of the victimized Co., Ltd., and the Defendant is an acting director of the victimized Co., Ltd., and without the resolution of the association’s general meeting.

2. Defendant A and B

A. On March 8, 2010, the Defendants conspired to forge private documents, which read, “business report” in the draft form used by the said association without authority for the purpose of exercising the authority at the office of the I Co., Ltd. in the operation of Defendant B at the Seosan-siJ on March 8, 2010, the following purport is that “K, the president of the said association, fabricated the employment contract, embezzled the amount of remuneration of KRW 20 million, and arbitrarily borrowed KRW 1 billion in the name of the association.”

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