beta
(영문) 청주지방법원 2011.06.03 2010고단2370

업무상배임

Text

The Defendants are not guilty. The summary of the judgment of innocence of this case is publicly notified.

Reasons

Punishment of the crime

1. The summary of the facts charged is the chairperson of the clan D (hereinafter referred to as "D"), and the defendant A is a member of the D clan, who works as the chairperson of the Victim E (hereinafter referred to as "E") from March 2008 and works as the chairperson of the E (hereinafter referred to as "E"), while managing and maintaining the E clan property.

D A clan claimed that the forest land of 106,116 square meters (hereinafter “the forest land of this case”) registered as owned by the clan in around 1993 is owned by D clans, and it has been claimed that the forest land of 106,116 square meters (hereinafter “the forest land of this case”) is owned by D clans, and it has been requested to return the ownership of D clans to E,

Defendant

B As a member of the D clan, G filed a lawsuit for ownership transfer registration against the E clan with respect to the forest land of this case, in collusion with G, without convening a general meeting of the E, and without notifying the members of the E, G of Sep. 11, 2006, and completed the registration of ownership transfer of the instant forest land under the name of D on October 20 of the same year by obtaining a decision to recommend settlement from the Youngju District Court, and making it final and conclusive around that time. However, on September 24, 2008, it was sentenced to eight months of imprisonment for occupational breach of trust and two years of suspended execution for damage to the E clan property.

Nevertheless, when the dispute over ownership of the forest land of this case between D clans and E continues, Defendant B filed a lawsuit to confirm ownership of the forest land of this case against E in the same way as the above lawsuit for the registration of ownership transfer with intent to confirm ownership of the forest land of this case, and filed a lawsuit to confirm ownership of the forest land of this case with the Cheongju District Court on November 24, 2008 as the representative of the E clan.

However, on September 24, 2009, the Cheongju District Court does not take any action against the defendant E in this relation with the clan, for the reason that the above G had already been punished for the crime of occupational breach of trust, even though it had already been punished for the crime of occupational breach of trust.