특정경제범죄가중처벌등에관한법률위반(배임)등
Defendants shall be punished by imprisonment for one year and six months.
However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.
Punishment of the crime
1. Defendant A is the president of G clan (hereinafter “instant clan”), Defendant B’s auditor of the instant clan, and Defendant C is a director of the instant clan’s interest on the loss of the clan.
Unless otherwise prescribed by the regulations, the disposition of the property owned by a clan shall undergo the resolution of the general meeting unless otherwise stipulated by the regulations. As such, as the chairperson, auditor, and the defendants who are employed as directors of the clan of this case, they have the duty to manage and preserve the clan property so that they do not see damage to the clan by legitimate resolution of the general meeting.
Nevertheless, the Defendants, at the special meeting of the instant clan, had the Defendant C passed a resolution on the agenda of gratuitously transferring the instant clan 4,321 square meters prior to H, 6,141 square meters prior to I, J, 508 square meters prior to K, and 208 square meters prior to K (hereinafter collectively referred to as “1 real estate”).
On May 25, 2013, the Defendants did not proceed with voting procedures with respect to the agenda items on which the real estate No. 1 of the instant case was transferred to Defendant C free of charge from the extraordinary general meeting of the instant clan held at the m (hereinafter “M”), which was held at the cafeteria located in Pakistan-si (hereinafter “the extraordinary general meeting of this case”), but the said agenda items were resolved by each affirmative vote of 17 persons, opposing 1 persons, and one reporters. As such, the Defendants falsely prepared the minutes of the instant extraordinary meeting as they were resolved.
On the other hand, on May 10, 2013, Defendant C filed a lawsuit against the instant clan seeking the cancellation of the registration of ownership transfer of the instant real estate No. 1. The Defendants, despite being aware of the fact that the resolution on the special general meeting of this case was not lawfully made, decided to hold an executive meeting on July 26, 2013 to refuse to file the said lawsuit. Accordingly, Defendant C was rendered a favorable judgment on July 31, 2013.
As a result, the Defendants conspired to Defendant C about KRW 1.4 billion for the real estate value of the instant case.