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(영문) 수원지방법원 2016.04.21 2015구합62638
해임처분취소
Text

1. On December 26, 2014, the Defendant against the Plaintiff, who was a social welfare foundation B (SU) of Sung-si, Sung-si.

Reasons

1. The Plaintiff is the representative director of the Victim Foundation in Seongbuk-gu from October 6, 201 to Sungnam-si, who is engaged in the overall management of the public funds of the said Foundation, and is a member of the Diplomatic Association, which was in the same building as the said Foundation, from October 6, 201, until December 2013.

On December 16, 2012, when entering into a merger agreement with F, the representative of the E church, the Plaintiff: (a) concluded the merger agreement with the E church; (b) set up a false lease agreement with F, the following contents: (c) the amount of debt of KRW 300 million to be used as a debt repayment fund for the E church; and (d) the E church owned in substance in order to conceal it; (c) although the E church is owned by the E church, the value of H, the ownership of which is registered under the name of G, shall be paid to G as the lease deposit by the Social Welfare Foundation B, which is leased by 208.

On December 24, 2012, the Plaintiff embezzled 100 million won from the bank account under the name of G to the account (Account Number: J) in return for the above merger while keeping the public funds deposited in the bank account (Account Number: I) in the name of a social welfare foundation B for the victim, in return for the above merger.

On October 6, 2011, the Plaintiff was a person who was in office as the representative director of the “social welfare foundation B (hereinafter “instant foundation”) located in Seongbuk-gu, Sungnam-si, Sungnam-si, and was sentenced to imprisonment with prison labor for eight months from the Sungwon District Court’s Sung-nam Branch (2014 Highest 607) on December 19, 2014, which is charged for occupational embezzlement with the following facts charged:

(hereinafter “instant judgment of the lower court”). B.

On December 26, 2014, the Defendant issued an order to dismiss the Plaintiff to the Foundation on the grounds of the content of the above judgment and Article 22 of the Social Welfare Services Act and Article 10-2 of the Enforcement Decree of the same Act (hereinafter “instant order of dismissal”).

C. Since then, the instant foundation opens a resolution of the board of directors on December 27, 2014.

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