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(영문) 서울서부지방법원 2014.08.13 2013고정2625
업무상배임등
Text

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. Of the facts charged in the instant case regarding the determination on the payment of allowances to audit E, Defendant A as the head of the association for urban environmental improvement projects in the F Area Urban Environment and Improvement Project Association, without going through a resolution of the said association regarding the use of project costs; the same year;

3. 31. As to the part that caused property damage to the partnership and violated the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents by paying 1850,000 won for each special allowance to auditor E;

According to the evidence of each subparagraph of Article 18 of the above association's articles of association, the association is prohibited from paying remuneration to persons who are not full-time executives of the association in principle. At the time of the association's holding a board of directors on May 14, 2010, G, which had the head of the above association, decided to pay special allowances to E as a full-time teacher by holding a board of directors on May 14, 2010. At the general meeting held on May 31, 2010, it presented an agenda item to the auditor to pay allowances of KRW 18,50,00 per month pursuant to the proviso to Article 18 of the articles of association, and 36 (including five written resolution), from among 77 members, including a written resolution, 15 members (including one written resolution), 25 members, and 201 members from among those who attended the meeting including a written resolution, and 30,000 won, including the auditor's opinion on the payment of allowances to E from 2015 years to 315.

However, according to Article 21 of the articles of association of the above association, ① amendment of the articles of association, ② borrowing of funds and methods thereof, ③ the contract to be borne by the members in addition to the matters stipulated in the budget, ④ management and disposal plan.

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