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(영문) 서울북부지방법원 2016.10.05 2016고단341
업무상배임
Text

The Defendants are not guilty. The summary of the judgment against the Defendants is published.

Reasons

Defendant A, as a representative of the M apartment reconstruction and rearrangement project association (hereinafter “instant association”), was appointed as the president of the association on May 26, 201, and around February 22, 2013, Defendant A was appointed as the director of the association and worked as the president and the head of the association on December 1, 2013. From around November 201, Defendant A had been working as the representative of the association.

Defendant

B and Defendant C had been a temporary director of the above union around November 2010. On February 22, 2013, the above union was appointed as a director at an extraordinary general meeting and worked as a director from November 26, 2014.

around April 27, 2002, N concurrently held the position of director and auditor of the above union from around April 27, 2002; around September 28, 2006, while serving as an agent for the president of the association, he was sentenced to a fine of one million won for assaulting and injuring them; around October 23, 2007, the above fine and compensation order were paid out of the partnership expenses; and the above judgment was finalized on January 12, 2012; around August 8, 2008, the Seoul Northern District Court determined the invalidity judgment of appointment of executive officers of the board of representatives at the Seoul Northern District Court, which became final and conclusive on September 28, 2006, and lost the partnership president's position as an agent for the management of the union's overall affairs, such as the management of the union's affairs and the use of the general meeting's affairs.

On the other hand, Article 27 (3) 6 of the Business Regulations of the above union provides that "a person who was indicted for a criminal case such as corruption or irregularities after being appointed as an employee and was sentenced to a fine or heavier punishment" shall not be an employee.

Defendants shall perform the duties of the president of the reconstruction association on behalf of the president of the association and perform the affairs related to reconstruction of apartments on behalf of the members of the apartment association.

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