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(영문) 서울동부지방법원 2014.08.27 2013고단2523
업무상횡령등
Text

The Defendants are not guilty.

Reasons

1. Of the facts charged in the instant case, the determination as to the violation of occupational breach of trust in relation to the illegal payment of special lots of money

A. The summary of this part of the facts charged is from January 18, 2004 to January 25, 2012, Defendant A served as the president of the Victim H Association (hereinafter “Association”) on the 10th floor of the Songpa-gu Seoul Building G, Songpa-gu, Seoul. Defendant B served as the president of the Association from February 12, 2004 to January 15, 2012, and as the president from January 16, 2012 until the date. Defendant C has served as the managing director of the Association from March 25, 191 to the date of January 25, 2011.

Defendants should execute various budgets for all members of the Association, and there are occupational duties that should not give benefits to specific classes, such as directors, representatives, executives and employees, and cause damage to all members.

The Defendants conspired on November 30, 200 with S-Otil Co., Ltd. to purchase 16,000 shares of S-Otil Co., Ltd. on November 30, 200, and purchased 308,000 shares on August 18, 2005, 4,00 shares (sale price of 323,206,880), 5,00 shares (sale price of 324,725,400), 7,00 shares (the sale price of 324,725,40 won), 00 shares (the sale price of 00, 400 won), 200 shares (the sale price of 472,330,000 won) from S-Otil Co., Ltd. to sell 16,000 shares, 200 shares out of the total net profit of 00, 2000 shares to be paid to the Association or Association for sale of 2000 shares.

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