배임등
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The Defendant in breach of trust is a person in charge of managing membership fees, etc. from around 201 to the end of the family council of the victim C.
In order to manage the property of a clan, a resolution of the general meeting of a clan shall be required, and the above rules of a clan provide that "the problem of destruction of the property may be executed by a resolution of the general meeting by obtaining the consent of more than a majority of the members present at the meeting." Thus, if the property of the clan is disposed of, the defendant, who is the general secretary, has a duty to dispose of the property of the clan by a resolution of the general meeting."
Nevertheless, the defendant did not know that he violated the above duties and obtained the consent by communicating only to some of the members who are well aware of the above duties, and sold the real estate owned by the above clans to build and operate a pen with the proceeds thereof.
A. On December 30, 2013, the Defendant in breach of trust, despite the absence of a lawful general assembly and resolution with respect to the sale of real estate owned by the relatives’ association, decided to sell the land and its ground, which is the F in Yangyang-si owned by the relatives’ association, by receiving KRW 59 million from G and H, and continuously receiving 6 million of the down payment on the same day as a check, and continued to sell the land I received 23 million of the purchase price from J and selling the land at KRW 5 million of the down payment on the same day, and received 5 million of the down payment as a check on the same day.
On December 30, 2013, the Defendant received from G and H as a check the remainder of KRW 53 million out of the purchase price of F and building at the LAD office located in C and H in C and completed the registration of transfer of ownership on the same day on the grounds of sale and purchase on the same day. On the other hand, the Defendant continued to receive from J as a check the remainder of KRW 18 million out of the purchase price of land I and received from J as a check, and completed the registration of transfer of ownership from J on the same day on the grounds of sale.
This is the defendant.