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(영문) 서울고등법원 2020.04.23 2020노73

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The following circumstances acknowledged by the prosecutor’s evidence revealed that each private document forgery and events are prohibited from sub-lease without the lessor’s consent, i.e., the general common sense stipulated in the Civil Act. This also applies to the extension of the lease period, ii) explicitly prohibits sub-lease on the standard lease contract submitted by the victim, the public announcement of the tender for the selection of lessees, the C website, etc., ③ Since the important matters related to the lease management under the delegation agreement are pre-determination of the E president, the conclusion of the lease contract and the consent of sub-lease must be processed with the approval of Q.’s president. ④ School juristic persons (hereinafter “B university”) instructed the Defendant to prohibit sub-lease contract without permission based on the audit results on July 2015, 5, and accordingly, the Defendant’s consent to the extension of the lease period after the extension of the lease period or the extension of the lease period after the extension of the lease period can not be deemed to have been given to the Defendant.

Nevertheless, the court below did not have authority for the defendant.

참조조문