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(영문) 대전지방법원 홍성지원 2018.12.14 2017고정202

횡령

Text

Defendant

A, B, and C shall be punished by a fine of 700,000 won, and the defendant D shall be punished by a fine of one million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

[Attachment to the Defendants] The Defendants were the members of the victim’s “E clan” and the F (Death on May 25, 2013) were the chairpersons of the said clans. Defendant A performed the duties of the president from around 2010 to August 2013 as the vice presidents of the said clans. Defendant B was the members of the said clan from around 2010 to August 2013. Defendant D and Defendant C were the members of the said clans, while H and I were the members of the said clans, and H and G were the children of F and G.

The chairperson of the victim clan;

On May 25, 2013, the term of office of executive officers of the victim clan was expired on August 14, 2013 while Defendant A died on his/her behalf of the chairperson, and around August 18, 2013, the victim clan was held, and there was a resolution of J as chairperson, K as vice-chairperson, L as general secretary, and revision of the victim clan regulations.

As to the above resolution, Defendant A filed a lawsuit against the victim's clan to confirm the non-existence of the resolution of the general meeting of the clan and lost on May 15, 2014 from the red support of the Daejeon District Court. On August 26, 2015, the Daejeon High Court confirmed that only "the part concerning the amendment of the rules of the clan and the part concerning the resolution to appoint the M, etc. among the resolution of the special meeting of August 18, 2013" was null and void, and sentenced to the judgment dismissing the remaining claims. The above judgment was finalized on December 23, 2015.

After that, on November 22, 2015, the victims of the clan held a general meeting of the ordinary shareholders and passed a resolution to appoint the J as the president, K as the vice president, L as the general secretary, N as the vice-general (financial affairs), andO as a director.

[Criminal facts]

1. The Defendants A, B, and C transferred KRW 25,150,87, which is the ownership of the victim’s clan around November 21, 2013, to the P Union account opened in the joint name of the Defendants, and kept them for the victim’s clan, Defendant A was around January 14, 2016; Defendant B was around January 13, 2016; Defendant C was drafted in the name of each JJ around January 14, 2016; and Defendant C was drafted in the name of each JJ.