(영문) 서울북부지방법원 2014.11.28 2014고단1960

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(영문) 서울북부지방법원 2014.11.28 2014고단1960

업무상배임

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 208, the Defendant is a person who was appointed as the president of a cooperative (hereinafter “cooperative”) and was in charge of the affairs of the cooperative and was in charge of the affairs of the cooperative. In addition to the matters prescribed in the budget, any contract that becomes the burden of the cooperative members ought to undergo a resolution by the general meeting of the cooperative. Nevertheless, the Defendant, at the office of attorney-at-law near the Jung-gu District Court located in Dong-si, Dong-si, Government-si, which is possible on June 11, 2013, was indicted for any non-related fraud case without a resolution by the general meeting of the cooperative, and was tried at the Seoul Northern District Court, and was under trial at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”), agreed with the victim of the case, and the “D cooperative” is jointly and severally paid to G by July 31, 2013.

'The joint and several guarantee contract for the content was entered into in the partnership.

As a result, the defendant entered into a contract to become a partner in addition to the matters set forth in the budget without the resolution of the general meeting.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness H;

1. Application of Acts and subordinate statutes to a written agreement;

1. Article 85 of the relevant Act and Articles 85 and 24 (3) 5 of the Act on the Maintenance of Urban Areas and Residential Environments, and Selection of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The fact that the sentencing of Article 62-2 of the Social Service Order Act is not less than imprisonment without prison labor or heavier for the reason of sentencing, and is in violation of depth, and there are some circumstances to take account of the circumstances leading to the crime for the normalization of the association. It is difficult to readily conclude that the association bears a certain amount of obligations to F, and the damage to the association has occurred. In addition, all the circumstances, including the Defendant’s age, character and conduct, family relation, motive, means and consequence of the crime, and the circumstances after the

참조조문

-형법 제62조 제1항

-형법 제62조의2

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