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(영문) 부산지방법원 동부지원 2017.05.11 2016고단1094
업무상배임등
Text

Defendant

A Imprisonment for two years, for one year, for one year, and for six months, for each of the defendants C.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A is the president of the "F Housing Redevelopment and Improvement Project Association" in Busan Shipping Daegu, who has overall control over the affairs of the above union.

Defendant

B is a full-time director of the partnership, who assists the president of the partnership.

Defendant

C is an auditor of the above union around November 2009 to audit the administration of the affairs of the union.

On October 22, 2005, after holding the inaugural general meeting of the partnership, the association obtained authorization for the establishment of the association with respect to the total of 581 households (246 households in general, 283 households in general, 50 households in rental, and 2 households in guard) of Busan Shipping Daegu, Busan, a project for the implementation of November 22, 2005, and from February 1, 2010 to February 1, 2010.

4. From May 14, 2012 to the 16th day of the same month, the sales contract was concluded with its members after receiving the application for parcelling-out from its members.

For this reason, the members of the association who applied for the parcelling-out contract did not conclude the parcelling-out contract during the period of the conclusion for the total of 5 households, such as 105-dong 1901, 105-dong 1202, 102-dong 902, 101-dong 901, 101-dong 801.

Accordingly, on June 22, 2013, the above victim's association liquidated four households, among the above five households, including 105, 101, 105, 1202, 101, 901, 101, and 801, among those that did not conclude a contract for sale at the general meeting of the association, pursuant to the articles of association of the association, and resolved to divide them into union property and to sell them to the general public who are not partners. On March 30, 2015, the above victim's association registered ownership preservation under the name of the association for the above 105, 1901, 105, 1202, 101, and 901.

In addition, on March 30, 2015, one member purchased shares from the successful bidder of the above 102 Dong 902, which was in progress of auction, and completed the registration for the preservation of ownership in the name of the partnership on March 30, 2015.

The price of the above apartment has continuously increased more than the general volume of the apartment, and the defendants, as executive officers of the victim association, are subject to the general public.

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