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(영문) 대구지방법원 2014.05.23 2013고합563
특정경제범죄가중처벌등에관한법률위반(배임)
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is the victim E Association (hereinafter “E Association”) which is a non-profit corporation established with the aim of contributing to the promotion of national welfare through rehabilitation support programs for E and members’ rights and interests extension programs.

Defendant

A was appointed as the president of the E Association on December 29, 2007, but the term of office of the 11st National Federation Chairperson held on December 2, 2010, which was terminated on December 28, 2010, but was re-electioned as the president through the special general meeting on January 13, 2011, as the result of the election was dissatisfied with, and until the F was appointed as the president of the E Association, it represents the E Association as the president of the E Association, supervises the general meeting and the board of directors, and engages in the overall affairs of the E Association.

Defendant

B From January 4, 2003 to March 29, 2011, as a director of the E Association, he/she is engaged in the affairs of the board of directors, such as deliberation and resolution on matters concerning the duties of the board of directors, and was the actual representative of G Co., Ltd. (hereinafter “G”).

Defendant

B operates G, and entered into an advertising business contract with E Association from August 2004, and conducted advertising agency business related to the right to outdoor advertising business acquired by E Association, and around August 2006, it concluded a new advertising business contract with E Association and HH Organizing Committee on the condition that it pays approximately KRW 1.7 billion with funds, donations, etc.

In the meantime, Defendant A, who was in a flat-friendly relationship, failed at the 11th National Federation Chairperson's election, again elected to the National Federation Chairperson through the special meeting on January 13, 2011, but the status of the National Federation Chairperson was unstable due to the filing of a provisional disposition seeking the suspension of validity of a resolution of the special meeting, etc., and on February 2011, Defendant A could not continue to operate the business upon the cancellation of the National Federation Chairperson A's retirement. However, if the E Association prepares a bill-notarial deed that there is a liability of approximately KRW 1.7 billion for damages against G, it is an pressure to the E Association.

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