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(영문) 서울서부지방법원 2014.10.23 2013고단2888
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From March 17, 2011, the Defendant served as the president of the Seoul Branch in Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as “C”) (hereinafter referred to as “Seoul Branch”) on the fourth floor of the building in Dongdaemun-gu (hereinafter referred to as “Seoul Branch”) and has been engaged in the management of the overall administration and property of the Seoul Branch.

C was contributed to KRW 50 million in order of March 2001, and leased KRW 50 million to KRW 50 million in lease deposit, and used KRW 50 million in the Seoul Dongdaemun-gu Seoul Central Federation and Seoul Branch offices from around that time to July 15, 2009. Since the Seoul Branch offices have been used as C, the Defendant had a duty to preserve C’s property and obtain approval from related agencies in accordance with the articles of incorporation of the Central Federation and Seoul Branch offices.

Nevertheless, the Defendant, at the time of the election in March 2012, was dissatisfied with the Defendant’s recommendation to resign from the C Federation on the grounds that he forged the educational background at the time of the election in 2011 and went out of the election. On May 15, 2012, the Defendant, holding a board of directors at the C Federation and held a board of directors at C Federation to the effect that the Defendant’s dismissal resolution was defective, and that the name of the lessee of the 4th floor of the B building was the name of the Defendant, the president of the Seoul Branch, and

On June 1, 2012, the Defendant established D on November 9, 2012, 2012, by preparing a lease agreement with the content of changing the name of the lessee from the Defendant to “an incorporated association D”.

Accordingly, the defendant acquired property benefits equivalent to KRW 50 million from the lease deposit to D, which is an incorporated association, and suffered damages equivalent to the same amount in C.

Summary of Evidence

1. Each legal statement of the witness E, F, G, H, I, and J;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to H and K;

1. The Seoul Metropolitan Government BranchL Center corrective order 1.

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