logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2012.12.18 2012고합279
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is the head of the victim D Housing Association located in Eunpyeong-gu Seoul (hereinafter “instant Housing Association”) from May 2004 to April 28, 201, who has been engaged in the overall operation of the association and the operation of union funds.

The Defendant, as the president of the instant housing association, in the course of occupational breach of trust, has a duty to execute partnership expenses in accordance with the instant housing association’s articles of association, in violation of his/her duty and without going through a resolution of the board of directors from July 2, 2008 to December 16, 2008 and without going through a resolution of the general meeting of the association, the Defendant paid the Defendant KRW 7 million to E with the director, KRW 7 million to E with the director, KRW 5 million to the director, KRW 2 million to G, KRW 2 million to the director, and KRW 2 million to the director, and KRW 34.5 million to the director and 11 other directors, respectively.

Accordingly, the defendant and the above E obtained property benefits equivalent to 34.5 million won, and the above housing association suffered damages equivalent to the same amount.

B. Since F, the land owned by F, a partner of the instant housing association, in breach of trust in relation to the excessive payment of compensation for union members F, is a natural green belt and is not a land allotted by the association, the Defendant, the president of the association, has the duty to pay F a reasonable land compensation in a transparent manner, calculated at a unit price based on natural green greenbelts, not a land allotted by the authorities in recompense for development outlay, but a natural green belt, following the resolution of the board of directors and the general

Nevertheless, the Defendant violated the above duties and without going through the resolution of the board of directors on December 16, 2008 and the resolution of the general meeting of the association. However, the Defendant would pay F the amount of KRW 41,497,500 calculated as KRW 251,50,000 the amount of compensation per one square meter for natural green areas, which is a normal one square meter for natural green areas.

arrow