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(영문) 서울북부지방법원 2016.04.27 2015고단2319
업무상배임
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A was responsible for the overall management of the merchants' association and budget management by entrusting the president of the F market in Seoul, Jung-gu from April 2012 to June 2014, and Defendant B sold bonds with the trade name "G" in the said market for the same period while performing the duty of assisting the merchants' association management by entrusting directors of the F market in Seoul, Jung-gu.

Defendant C was working as the office of the said merchant association from April 2010 to July 2014 and performed the duties of managing funds, executing funds, arranging books, etc. of members of the merchant association.

person is a person.

Pursuant to the support contract for the small financial foundation and the agreement on the entrusted operation of small loans for traditional markets concluded between the foundation and the basic local government and the market merchant's association, the foundation of the small financial foundation of the small financial foundation of the small financial foundation of the small financial foundation of the small financial foundation of the small financial foundation of the foundation of the foundation of the foundation of the foundation of the foundation of the foundation. The funds should be loaned according to the loan terms and conditions set out in the "small financial business manual for traditional markets". Under the above business manual, the funds must be loaned only within the limit of five million won per merchant's or store in lending the above borrowed money at the merchants' association, and the loans shall be prohibited for those who are not merchants of the merchants' association such as merchants' families or employees of the merchants' association.

1. Joint crimes committed by Defendant A and Defendant C

A. On January 30, 2013, Defendant A received an amount of KRW 60 million from the Small Financial Foundation for the said FF Market Merchants’ Association. On February 15, 2013, Defendant A loaned KRW 20 million to Defendant C, who is not the merchants of the said merchants’ association, and made it difficult to recover the amount of KRW 20 million in order to promote Defendant C’s interest by violating the duty to comply with the above business manuals.

As a result, the Defendants conspired to obtain financial benefits equivalent to KRW 20 million from Defendant C, and caused damages equivalent to the same amount to the said merchants’ association.

(b).

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