특정경제범죄가중처벌등에관한법률위반(배임)
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) that the Defendants concluded a charter agreement with S Co., Ltd. (hereinafter referred to as “S”) on September 3, 2014 against the provisional disposition of suspending the general assembly’s validity, etc. and concluded on September 3, 2014 constitutes a breach of trust against the victim G clan (hereinafter “family”).
In addition, since the market price of the above real estate is at least 5.9 billion won, the defendants' offering the above real estate to S as a repayment of the 1 billion won debt will cause damage to the victim clans of approximately 5.0 billion won.
Nevertheless, the judgment of the court below which acquitted the Defendants on the charge of facts.
2. Determination:
A. The summary of the facts charged is that Defendant A is the chairperson of the victim clan, and Defendant B is the vice chairperson of the victim clan.
On April 13, 2014, the Defendants held a general meeting of the victim clan at the “I” restaurant located in Suwon-gu, Suwon-si, Suwon-si, which held a meeting of the general meeting of the victim clans and continued to sell the said real estate upon delegation of specific matters related to the contract for the said sale, after obtaining a resolution to sell the real estate owned by the victim’s clan 39,958 square meters, K 660 square meters, and 97.2 square meters on the ground of the real estate owned by the victim’s clans.
However, on August 29, 2014, the Defendants knew that the Suwon District Court rendered a provisional disposition (No. 2014 Gohap 101), such as the suspension of the resolution of the general assembly, with respect to the resolution of the above general meeting on April 13, 2014, the Defendants, who handle the business affairs of the victim’s clan, shall not sell the said real estate against the above court’s decision, and even if sold, there was a duty to sell the said real estate at a price equivalent to the market price at the time of sale.
However, the Defendants divided the J-based J-based 39,958 square meters into J-based 19,919 square meters and P 14,061 square meters and Q 5,978 square meters, and then, the Defendants divided the J-based land into around September 3, 2014 to R Co., Ltd. (hereinafter “R”).