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(영문) 서울서부지방법원 2017.10.13 2017고정237
업무상배임
Text

Defendant

A shall be punished by a fine of one million won, and by a fine of seven hundred thousand won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

around January 6, 2015, the victim C District Housing Redevelopment and Improvement Project Association (hereinafter referred to as the "Association of this case") was established for the purpose of housing redevelopment project that removes existing buildings, etc. and constructs apartment buildings, commercial buildings, and their ancillary facilities, etc. around 16, 2015, with the aim of housing redevelopment project that constructs apartment buildings, commercial buildings, and their appurtenant facilities. The defendant A is the head of the association of this case, who is a person in charge of housing redevelopment and improvement project in the above area, and the defendant B is the director in charge of the management of the association of this case.

The administrative regulations of the instant association did not pay employees for not more than three months with respect to the bonus of executives and employees, and the employees for not less than three months but less than one year, and the employees for not less than one year, and the instant association was established on January 6, 2015. As such, the Defendants paid the bonus to the executives and employees of the instant association, the Defendants have duties to pay half the quarterly performance bonus in 2015.

Nevertheless, the Defendants, in violation of their duties, raised an objection that E and F, a general secretary of the instant union, should pay bonus according to the remuneration regulations for the payment of bonus for each quarter of the instant union, but neglected such objection. From the instant association office around December 24, 2015, the Defendants, at around April 2015, ordered Defendant A to pay in excess of KRW 2 million, KRW 150,000,000 to Defendant B, and KRW 850,000 to Defendant B, respectively.

As a result, the Defendants conspired to obtain, or let E obtain, property benefits equivalent to the above amount in violation of the above occupational duties, and caused the victims’ association of this case to incur property damage equivalent to the above amount.

Summary of Evidence

1. Any statement concerning the Defendants in part of each protocol of interrogation of the police officer

1. The first statement made by the police for E;

1. The person who is responsible for the inaugural general meeting (Defendant A shall be the above bonus.

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