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(영문) 창원지방법원 마산지원 2020.04.22 2019고단361
업무상배임
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

Criminal facts are partially revised and recognized to the extent that it does not harm the defendant's right of defense.

around September 4, 2016, the victims of the Category B (hereinafter referred to as the "victim's clan") is a similar organization of a clan consisting of 23 members of the clan (23 members of the E, 12 members of the F, 12 members of the F, and 9 members of the Gu for the purpose of promoting friendship between descendants of C 21 years of age D and their clans and managing their clan property.

The executive officers of the victim clans are six members such as the chairperson, the chairperson, the vice-chairperson H, the director I, the directors J, the auditor K, and the secretary L.

Article 17 (2) of the Rules of the Victim's clan provides that "the extraordinary meeting shall be convened by the chairperson and the board of directors when deemed necessary." Article 18 (Matters to be resolved at the regular general meeting) provides that "the agenda to be presented to the general meeting shall be the agenda decided by the board of directors at the general meeting; the agenda to be presented to the general meeting shall be the agenda decided by the board of directors;" and Article 24 (3) provides that "the board of directors shall hold a meeting of officers present at the matters concerning the acquisition and disposition of property, and make a decision by the majority." Accordingly, according to the above provision, the matters concerning the disposal of the clan property shall be resolved by the board of directors and approved by the extraordinary general meeting convened by the chairperson

In managing and disposing of the property owned by the clan as the chairperson of the victim's clan, the defendant has a duty to comply with the provisions of the above clan rules.

Nevertheless, on May 22, 2017, the Defendant did not go through a meeting of executive officers in violation of the above duties, and issued a notice of convening an extraordinary general meeting to 18 of the 23 members of the victim clan through I, who are not auditors, and on June 6, 2017, on the deposit amounting to 390 million won held by the victim clans, “E”, “F”, “E”, and “E”, and “F” 10 members of the clans with 14 members of the 14th clans with the victim clans (excluding “G” 9 members), “E” and “F”.

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