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(영문) 광주고등법원 2019.01.10 2018노163

특정경제범죄가중처벌등에관한법률위반(배임)

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The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged is a person who works as the chairperson of the Victim E society from June 15, 2006 to June 7, 2010 (hereinafter “victim E”) and takes overall charge of the management of the overall affairs and finance of the Victim E society. Defendant B is a person who served as the financial member of the Victim E society for the same period, assisting Defendant A as the chairperson. Defendant C is a person who served as the general member of the Victim E society for the same period, and was engaged in the preparation and management of documents, such as general affairs, minutes, etc., of the Victim E society. Defendant C is a person who assisted Defendant A while working as the general member of the Victim E society for the same period, and was engaged in the preparation and management of documents, such as the preparation of documents, from May 26, 2005.

Around May 12, 2001, Gwangju Northern-gu land owned by the victim's closing association (hereinafter "the land in this case") newly constructed a building "Hwe Holdings" with the victim's closing meeting as the owner of the building on the ground leased from the victim's closing association (hereinafter "the land in this case"). On December 13, 2003, I leased the land from the victim's closing association, while I acquired and operated the business rights of the said Twe Holdings around May 26, 2005 while I died from the traffic accident, and around May 26, 2005, I waivered the lease agreement to the victim's closing association, and then, I did not request the victim's opening of the land in this case to acquire the ownership of the victim in lieu of the removal of the land in this case, and if I actually owned the land in this case, I would not request the victim's closing association to acquire the ownership of the land in this case."