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(영문) 부산지방법원 2012.10.24 2012고단6545
업무상배임
Text

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

Reasons

Punishment of the crime

From April 2007, the defendant was the president of the Victim E-Market merchant Association (109 commercial acceptance) in Busan Jin-gu, Busan, and was engaged in part of the external business of the victim F-market merchant association (18 commercial acceptance) in contact with the above E-market.

On April 19, 2011, the Defendant was transferred KRW 750 million from the side of the victims to the head of the Tong (National Bank G) as a result of the Small and Medium Business Administration’s arbitration between the Defendant and the Defendant who represented the said market merchants.

In this case, the president of the E-market Merchant Association has a duty to use the win-win development fund for the benefit of all merchants in accordance with the purport of all merchants.

Nevertheless, the Defendant did not notify all merchants of the receipt of the win-win development fund, the amount of the win-win development fund, etc., without gathering opinions from the user, and did not intend to sell a second-story building with no value as a parking lot for the use of the parking lot at a low price.

On January 10, 2012, the Defendant sold to the victims the second floor building of the amounting to KRW 277,4230,000,000,000 to KRW 388,000,000 to be used in the above market for the parking lot at the Busan District Real Estate Agent Office, Busan, Busan, and received the payment of the purchase price from the above Collaborative Development Fund that was kept by the Defendant around that time.

Accordingly, the defendant acquired property benefits equivalent to 15.77 billion won, and suffered property damage equivalent to the same amount at the victim E market and the F market merchants' associations.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the first prosecutorial examination protocol (including the J, K, and L) against the accused.

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