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(영문) 창원지방법원 진주지원 2018.08.24 2017가단37726
구상금
Text

1. The Plaintiff:

A. Defendant B’s KRW 5,00,000 and interest rate of KRW 15% per annum from November 28, 2017 to the date of full payment.

Reasons

1. Basic facts

A. An incorporated association, G (hereinafter “G”) is a public service corporation established for the purpose of welfare projects for persons with disabilities; “H center” is a welfare facility for persons with disabilities established by the said G; “I” is a short-term protection facility for persons with disabilities established by G.

(hereinafter referred to as the “H center and I’n facility”). (b)

Defendant B, as a director with the power of representation in G, engaged in the overall management of revenues and expenditures of G and its affiliated facilities, and the Plaintiff, as the president of the affiliated facilities, engaged in the management of revenues and expenditures of affiliated facilities, and Defendant C, D, E, and F (hereinafter “Defendant Directors”) participated in the decision-making of the board of directors or the general meeting as a director of G, and participated in the decision-making of G and its affiliated facilities.

C. The Plaintiff and Defendant B were indicted for the following facts charged by this Court No. 2016Kadan1173, and the Defendant’s directors were subject to a disposition of suspending indictment. On June 13, 2017, this court found the Defendant guilty of all the facts charged and sentenced the Plaintiff to one year of imprisonment and ten months of imprisonment with prison labor for Defendant B.

As to this, the Plaintiff and Defendant B appealed on the ground of unfair sentencing by Changwon District Court 2017No1712. On October 11, 2017, the lower court reversed the lower judgment and sentenced the Plaintiff to one year of suspended sentence, and two years of suspended sentence for Defendant B to two years of imprisonment, and two years of suspended sentence for ten months of suspended sentence. The lower judgment became final and conclusive around that time.

The accounting of corporations operating social welfare facilities shall be divided into corporate accounting, facility accounting, and profit-making business accounting, and the accounting of facilities shall be the facility accounting of the relevant facilities, both revenue and expenditure shall be included in the budget, and the budget of corporate accounting and facility accounting shall be prohibited from being used for any purpose other than that prescribed in the expenditure budget, and the purpose of the accounting of corporations and facilities managed by the plaintiff and the defendant B is strictly limited.

Nevertheless, the plaintiff and defendant B are defendants.

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