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(영문) 서울동부지방법원 2014.05.14 2013고단1012
업무상배임등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From November 22, 2000, the Defendant is a person operating the Victim E Association (hereinafter referred to as the “Association”) in Seongdong-gu Seoul Metropolitan Government from November 2, 200 to May.

1. Occupational breach of trust;

A. The Defendant had been financially assisting the Defendant in operating the Association, and the Defendant listed F in F as a director of the Association at the Association at the time of receiving financial assistance by registering F with the helper in life due to the U.S. cancer surgery as a director of the Association.

According to the articles of association of the Association, executive officers, other than directors exclusively in charge of business operation, can not be paid remuneration except for actual expenses incurred in performing their duties, and F did not work as full-time employees of the Association once a week.

The Defendant paid KRW 95,43,740, a sum of monthly salary between January 2010 and March 2013, as shown in attached Table 1, in order to comply with the Association’s articles of incorporation and to promote the F’s interest by violating the duty to protect the property of the Association.

As a result, the defendant acquired F financial benefits equivalent to the above amount and suffered losses equivalent to the same amount from the Association.

B. As the Defendant had been financially assisted in operating the Association, the Defendant thought that G was able to give financial assistance to G as part of old age measures, and registered G as a director around May 20, 201.

According to the articles of association of the Association, executive officers, other than directors in exclusive charge of business operation, are not able to receive remuneration except for actual expenses incurred in performing their duties, and G has performed an act such as cleaning two nights for employees of the Association, but they were not full-time employees of the Association.

In order to comply with the articles of incorporation of the Association and to protect the property of the Association, the defendant is in violation of his duty to promote the interests of G.

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