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(영문) 대전지방법원 천안지원 2017.07.13 2015고단2245
업무상배임등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

On December 1, 2009, the Defendant was in office as the chairperson of D clan (hereinafter referred to as “victimd clan”) from around December 1, 2013 to around December 1, 2013, and was in charge of the business affairs of the damaged clans. A person who has overall control over the property affairs related to the damaged clans, such as the convening authority of meetings, such as the general and special general meetings, and the appointment authority of the head of each division. On May 24, 2010, the Defendant established E-A and held 54.1% of the company’s shares.

1. Occupational breach of trust (preliminary embezzlement in the line of duty);

A. On June 2, 2010, at the office of the Dispute Resolution Co., Ltd., which is located in the Sinsan City F, the primary defendant entered into a contract for the public works of the Sinsan City HH to the Dispute Resolution Co., Ltd., which is the owner of the dispute Resolution Co., Ltd., and in this case, the defendant merely delegated the construction contract for the operation of the damaged clan's profit-making business, and the defendant did not have the authority to enter into a contract for the repayment of the damaged clan's land or for the joint guarantor of the damaged clan in borrowing the money under any other name, such as design expenses. At that time, the damage of the clan incurred a total of KRW 1,177,104,00 in terms of land purchase and compensation, and there was no need to borrow money from the Dispute Resolution Co., Ltd., which is the chairperson of the damaged clan, and therefore, the defendant, as the chairperson of the Dispute Co., Ltd., managed the damage to the clan's property and concluded the damage to the clan.

Nevertheless, the defendant shall pay KRW 96,00,000 to the work price without internal resolution at the general meeting of the victimized clans or at the clans' meeting, etc. in violation of the above duties, and shall borrow KRW 304,00,000 from the above company for the purpose of funds such as design expenses, etc.

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