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(영문) 서울남부지방법원 2013.08.26 2012고단4826
업무상횡령등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

except that 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

1. Since March 2005, the Defendant, who was an adviser of the Bupyeong-gu Seoul Metropolitan Council, was the head of the Bupyeong-gu, Incheon Metropolitan City, and was in conflict with the victim D, the president of the prosperity Association, in order to discuss the issues such as the amendment of the management rules, the amendment of the controlled entity, and the re-election of the officers group, etc., on July 1, 2008, notified the occupants of the E-building to hold an extraordinary general meeting, thereby inducing the occupants of the E-building from attending the extraordinary meeting to prevent them from holding the extraordinary meeting.

The defendant, around June 2007, at the prosperity office in the above E building, intends to hold an emergency general meeting by using computers. This is the case where D and F are aware of their own identity, in collusion with G, who are the former chief management officer, and is referred to the disciplinary committee as an embezzlement relationship, such as obstruction of business and management expenses. The disciplinary committee is formed on October 16, 2007. The chief of the disciplinary committee is made up of A as an advisor to the chief of the office of the chief of the disciplinary committee, and the auditor H in the chief of the office of the board of directors from October 16, 2007 to April 30, 2008. The chief of the office of the board of directors, from May 1, 2008, the chief of the office of the board of directors, who is the vice chief of the board of directors, will be responsible for the review of documents and evidential materials of the committee, and the result of the resolution of the disciplinary committee will not be considered to be unfair.

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