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(영문) 서울동부지방법원 2016.08.18 2015고단3555
업무상배임등
Text

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. The summary of the facts charged J clan (hereinafter referred to as the "family of this case") is a clan consisting of his descendants after K jointly set up by K, and its branch clan is comprised of L, M, N, andO 4.

Defendant

A as the chairperson of the clan of this case, the chairperson of the clan of this case, the chairperson of the non-permanent clan of this case, the directors of the non-permanent clan of this case, the non-permanent members of the non-permanent clan of this case, the non-permanent members of the non-permanent clan of this case, the non-permanent members of the non-permanent clan of this case and the non-permanent members of the non-permanent clan of this case, and the non-permanent members of the non-permanent clan of this case

A. Since the Defendants, as the executives of the instant clan, have a duty of due care as a good manager to handle administrative affairs concerning the management and disposal of the property owned by the clan as a good manager, the Defendants had a duty to take reasonable and reasonable measures to collect claims, such as obtaining sufficient security, if they have lent money to another person due to the management and disposal of the property owned by the clan.

Nevertheless, on June 18, 2012, the Defendants violated their duties and did not take appropriate and reasonable measures to recover claims from the said clans, and decided to lend the funds of the instant clan from the office of the instant clan P located in Gwangjin-gu, Seoul to KRW 200 million among the four of the said clans, under the pretext of “loan of the Promotion Fund for the Religious Class”. On June 18, 2012, the Defendants paid KRW 200 million during the class M of the clans, KRW 200 million during the class of N on June 19, 2012, and KRW 200 million during the class of the clans on June 29, 2012, and KRW 200 million during the class of the Class O on November 9, 2012, respectively.

As a result, the defendants conspired to make the above four clans acquire property benefits of KRW 200 million, and the defendants inflict damages of KRW 800 million in total to the clan of this case.

B. Defendant A’s occupational embezzlement crime is committed on August 10, 2012.

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