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(영문) 서울중앙지방법원 2018.10.05 2017고단6501
배임증재
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant served as the president of B University from July 10, 2015 to September 30, 2017, and C served as the president of D religious organization from September 14, 2015 to September 27, 2016.

Around June 10, 2016, the Defendant filed an application for registration as a candidate for the vice-general meeting of D Religious Organizations without withdrawing the president’s position of B University. On July 22, 2016, the subcommittee deliberation by the Committee on Voluntary Election Management and the Committee’s written opinion stating that the Defendant is not qualified as a candidate because he/she constitutes double positions. On August 16, 2016, at the total meeting of the Committee on Election Management and Election Management, there was controversy over the qualification of the Defendant, including where the Defendant maintained the president’s position of B University and filed an application for registration of a candidate as a dual position. The Chairperson of the Committee on Election Management and Election Management did not decide on the issue of registration of a candidate by the Committee on Election Management, on September 10, 2016, and on September 26, 2016, under the circumstances between the Defendant and another candidate, and the Defendant and the F of the Committee on Election Management and did not confirm the status of the Defendant and the F of the candidate.

On September 15, 2016, the Defendant abandons his duties to C at the 1st floor coffee G hotel in Daegu-gu, Daegu-gu, A around 14:10 to 15:40 on September 15, 2016, “The Election Management Committee is going so that its members are unable to determine candidates for the vice-general meeting.”

In the end, the issue of the election of the vice-general meeting is a situation in which it is inevitable to go to the general meeting site, and in such a case, the problem of the election of the vice-general meeting cannot be dealt with at the general meeting site.

The general meeting has the authority to proceed with the general meeting, such as the commencement of the executive election, the report of the progress of the election management committee, and the announcement of the elected."

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