(영문) 수원지방법원 여주지원 2015.09.15 2015고단166

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(영문) 수원지방법원 여주지원 2015.09.15 2015고단166

업무상횡령

Text

The defendant shall be innocent.

Reasons

1. The Defendant, from May 2005 to December 29, 2010, served as the chairperson of the victim F clan of the E clan (hereinafter “victim clan”) affiliated with D’s descendants of the E clan (hereinafter “E clan”) and took overall charge of the management of funds.

A clan consisting of three clans, such as victims of the clan, G, and H, is the actual owner of the Gangnam-gu Seoul Metropolitan Government J 2760 square meters (hereinafter “instant land”), the land of which was registered under the name of the non-party I and three of the clans, and the compensation was received as the land was expropriated in the Korea Land and Housing Corporation around 2009, and the victims of the clans in the clans were distributed 1/3 of the compensation to be received from the clans in accordance with the resolution of the temporary representatives’ general meeting on August 27, 2009.

Executive officers, such as directors of a corporation or an association which is not a corporation, manage the assets of the corporation, etc. with the duty of due care of a good manager, and appoint a special representative with respect to matters that conflict with the interests of the corporation and directors, the defendant thought that the above compensation was divided into K, L, M, N,O, and the defendant, who are directors of the victim clan.

In addition, on February 9, 2010, the Defendant held a general meeting of the representatives of the victim clans. The Defendant presented at the above general meeting that he shall pay 50% of the remainder other than the public expenses out of the compensation to K who contributed to receiving the compensation by clarifying the actual owners of the land of this case. K explain the developments leading up to finding the land of this case, and M explains to the purport that at least 50% of the compensation is compensated for the ordinary land, and the general meeting of the representatives of the victim clans was created by creating an atmosphere, such as accepting the foregoing, and theO has decided to pay K the remainder 50% of the compensation less the public expenses.

Since April 16, 2010, the Defendant had the same year from around April 16, 2010

5.28.Wronon.

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