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(영문) 부산지방법원 2017.02.23 2016고단2379
업무상배임등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

From June 21, 2012 to June 21, 2012, the Defendant is a person in charge of all the affairs related to the partnership, including the execution of partnership funds, while working as the head of the D&D association located in the Seo-gu, Busan (hereinafter referred to as “damaged partnership”).

1. As part of D improvement projects around March 2015, the Defendant: (a) as part of D improvement projects, completed the aggregate building in the five-story underground and the two-story above ground located in Busan Y-gu, Busan Y-gu; (b) registered the preservation of ownership in the name of the partner who was sold in lots for the commercial buildings; and (c) registered the preservation of ownership in the name of the damaged partnership for the commercial buildings that have not been sold in lots.

However, on March 9, 2015, the defendant violated the above occupational duties and completed the registration of ownership preservation with no title to the commercial building No. 129 of the above Condominium Building, which was not sold at the registry office of the company located in the Gu of Busan, Busan, the defendant had been in violation of the above occupational duties.

As a result, the Defendant acquired financial benefits equivalent to KRW 33,180,736 of the above real estate market price, and inflicted damages on the damaged association equivalent to the same amount.

2. On March 9, 2015, the Defendant: (a) received an application for ownership preservation registration with respect to a commercial building No. 129 of the said Condominium Building from the office of registry near Busan, on the grounds of the circumstances described in paragraph (1) and (2), and had a public official in charge of registration in the name enter the electronic records into a computerized register for the preservation of ownership in the future; and (b) had a public official in charge of registration in the name thereof keep the register of the said condominium in the electronic records; and (c) exercised the said register by having a public official in charge keep the said aggregate building in the registry office around that time.

3. Violation of the Act on the Maintenance of Urban and Residential Environments;

(a) The officers of the Fund borrowed association without the resolution of the general meeting shall borrow the Fund, and the method and interest rate thereof;

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