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(영문) 수원지방법원 안양지원 2015.11.19 2015고단34
업무상배임등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from July 1, 2007 to June 30, 2012, served as the manager of the Air Force C C physical training center located in Gangnam-si, and took overall charge of the management and operation of the physical training center facilities.

On August 17, 2009, the Air Force C entered into an agreement on the operation and management of the Electronic Guidance System in the name of the Air Force C Head of the Air Force C, stating that "D shall use and benefit from physical fitness until it reaches an amount including financial expenses (6.22% per annum, average credit card fee rate of 3.46%) in the total amount of the total amount of the principal repayment amount paid to D (in advance of financial expenses and management expenses) by the Air Force C head of the Construction Business Co., Ltd., which provides that "D shall use and benefit from physical fitness until it reaches an amount of the facility investment cost of KRW 1,008,00,000,000, the total amount of principal repayment paid to D (in advance of financial expenses and management expenses) by the Air Force C.

1. The Defendant in occupational breach of trust, as the president of the physical training center (hereinafter “D”), shall settle the profits from the electriccar system in accordance with the above agreement signed on August 17, 2009 (hereinafter “the first agreement”), and in cases where the contents of the agreement entered into between D and the injured Air Force C are modified, the duty shall undergo deliberation and resolution by the Military Welfare Management Committee.

Nevertheless, on May 21, 2012, the Defendant, in breach of his/her duties, arbitrarily changed to “19,00,000,000,000,” which added “119,000,000,000,000,” among the contents of the above agreement to “1,127,000,000,” which was demanded by D representative directors without undergoing deliberation and resolution by the Incidental Welfare Management Committee at the office of the above C&D office,” and arbitrarily changed to “1,127,00,000,000,000.”

The financial costs are paid to E at the office of the above physical training center around the 31st day of the same month and the financial interest of the facility investment cost and the settlement of the user is made.

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