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(영문) 수원지방법원 평택지원 2021.01.28 2020고단642
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2007 to 2018, the Defendant was a non-profit incorporated association C (hereinafter “victim Village”) with the victim in Ansan-si B, and the chairperson of the Promotion Committee related to the electric transmission line construction project implemented by the Korea Electric Power Construction Headquarters.

On December 27, 2016, the Defendant agreed that the Korea Electric Power Corporation and the Korea Electric Power Corporation shall pay KRW 290,000,000 to the victim village as compensation for the electric transmission line construction project. The Defendant purchased the said real estate with the said money and used the rent to use it for the village of the victim, and then managed the amount of KRW 290,000,000 for the victim’s village by receiving KRW 10,000 to the E-bank account (F) in the name of the victim’s village managed by the Defendant, respectively.

At the time of concluding the above agreement with the Korea Electric Power Corporation, the defendant agreed not to pay compensation in cash to the members of the victim village, and in disposing of joint property in accordance with the rules and regulations of the victim village, he/she obtained approval from the committee of promotion and the general meeting of the

Nevertheless, the defendant violated the above occupational duties and decided to distribute the above subsidies to approximately KRW 2.5 million among the 35 households in the victim village by the resolution of the above promotion committee, and to additionally distribute the above subsidies to the residents for about 15 years, KRW 5 million for themselves, KRW 10 million for themselves, and KRW 5 million for other promotion members and those who actively participated in the village work, respectively.

During the period from November 6, 2017 to May 14, 2018, the Defendant, as well as the distribution of the Defendant’s own KRW 19 million, distributed grants to 21 among the residents of the victim’s village, as indicated in the attached Table 1, including the distribution of subsidies, shall cause property damage equivalent to KRW 189 million in the victim’s village, and 21 victims’ village including the Defendant.

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