beta
(영문) 서울중앙지방법원 2016.07.15 2014고합1465

특정경제범죄가중처벌등에관한법률위반(배임)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The facts charged of this case were corrected ex officio to the extent that there is no risk of actual disadvantage to the defendant's exercise of his right to defense.

On October 6, 2012, at a general meeting of the victim E clan (hereinafter referred to as “victim E”), the Defendant was elected as the chairperson of the said clan, from April 27, 2014, and was represented by the said clan until April 27, 2014, and was executing the matters resolved at the general meeting or the board of directors as the chairperson of the general meeting of the clan.

On March 25, 2011, G, the member of the deceased clan, who is the member of the duties of the deceased clan F, filed a lawsuit, such as the registration of transfer of ownership (hereinafter “instant lawsuit”), with the victim’s clan as the plaintiff and the above F and H, as the defendant, according to the resolution of the special general meeting of the said clan as of February 19, 201 and the resolution of the board of directors of February 28, 201.

In the lawsuit of this case, the plaintiff filed a claim for the implementation of the registration procedure for the transfer of ownership on the ground of an agreement with the plaintiff on April 23, 2002 as to the ownership of 1/2 of each of the two parcels of land in Yongnam-si I and J (hereinafter referred to as "K each parcel of land") (hereinafter referred to as "each parcel of land in K"), and the plaintiff filed a claim for the implementation of the registration procedure for the transfer of ownership on behalf of the plaintiff on October 15, 2010, for the above F to the victim of the family (FF) who was kept in custody on behalf of the victim of the victim of the above clan 57,00,000,000 won (the chairperson of the family branch), Sungnam Branch Branch Branch of 2009,7935, and the adjudication division received compensation from the defendant on February 29, 201 for the transfer of ownership of each parcel of land in the above clan 30,000.