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(영문) 수원지방법원 성남지원 2013.07.11 2012고단2337
업무상배임
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

[Final Judgment] On September 26, 2008, the Defendant was sentenced to one year of imprisonment with prison labor and three years of suspended execution due to the crime of property damage at Suwon District Court on September 26, 2008, and the above judgment became final and conclusive on January 7, 200

【Criminal Facts】

From the time when the general meeting of the clan of March 25, 2006 (hereinafter referred to as the "general meeting of the clan of this case") was elected as the chairperson of the victim D clan (hereinafter referred to as the "victim clan") to June 1, 2006, the defendant engaged in general management affairs, such as the execution of funds, as the chairperson of the victim clan, from the time when he was elected as the chairperson of the clan of this case.

On March 31, 2006, the defendant argued the validity of the general meeting of this case and filed an application with the Suwon District Court for a provisional disposition of suspending the performance of duties with the defendant, and the former president rejected the acceptance system of the passbook kept by the clan funds, and the clan directors were unable to perform their duties, such as the execution of clan funds, because they failed to comply with various convocations of the board of directors, the defendant decided to borrow money from the FF Co., Ltd., which was well friendly for the defendant as they are in transaction with the victim of the clan and land trading.

In such cases, the defendant, who is the chairperson of a clan, shall not prepare a loan certificate or written undertaking under the name of the clan in order to borrow personal money, and despite the fact that he/she had a duty to take lawful procedures such as resolution of the board of directors to borrow money in the name of the clan, on April 13, 2006, he/she shall prepare a loan certificate and written statement stating that "to borrow 50 million won from F of a stock company and to promise to repay the money until May 30, 2006" in the name of the victim clan in the name of the victim clan, and deliver it to F of a stock company and receive the corresponding money from the above company to the account in the name of the defendant, and in the same manner, borrowed the money from the above company to the St Bank account in the same manner.

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