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(영문) 서울동부지방법원 2016.10.13 2016고단14
업무상배임
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A, from October 2, 2014, served as the head of the Victim E-Housing Development and Improvement Project Association (hereinafter “instant association”) on behalf of the head of the instant association from around October 2, 2014, and was elected as the head of the instant association on April 2, 2015, Defendant A had the duty to protect the property of the association while comprehensively operating the association in accordance with the law.

On January 26, 2015, the instant association issued a public notice for the election of executive officers and representatives of the association, and elected nine representatives at the representatives' meeting on February 13, 2015.

However, at this time, the instant association violated the duty of disclosure of Article 7 of the Union's articles of association (by registered mail to all members) and accordingly, the representatives elected on February 13, 2015 were representatives with procedural defects.

Therefore, the FF filed a civil petition demanding the re-election of representatives on the grounds of procedural defects with the head of Songpa-gu.

The association of this case presented the agenda of the board of representatives through a resolution of the board of directors and passed a resolution at the general meeting on the agenda passed by the board of directors. If a civil lawsuit is filed against the executives including the defendant, such as an application for prohibition of provisional disposition on the effect of the resolution at the general meeting on the ground of the above procedural defect, there was a possibility that the general meeting,

Accordingly, the Defendant omitted legitimate procedures such as new selection or additional selection of representatives, and instead received the legal justification of the proposed board of representatives on March 18, 2013 through a lawsuit for provisional disposition prohibiting the resolution of the board of representatives, and had the intent to hold the general meeting and the executive election decided by the board of representatives in the original manner.

On March 12, 2015, the Defendant is the creditor who actually filed a lawsuit against G with the Seoul Eastern District Court, and the instant association received a provisional disposition prohibiting a resolution of the board of representatives, which is the so-called “Planning lawsuit,” which is the most liable debtor corresponding thereto, and then on March 16, 2015, the instant association of Songpa-gu and the fifth level of H and the fifth level of the instant association.

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