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(영문) 서울북부지방법원 2015.05.13 2015노139

업무상배임등

Text

The judgment below

The guilty portion shall be reversed.

The summary of the judgment of innocence against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Judgment of the court below on the appeal by the defendant by the prosecutor of the court below on the facts charged subject to adjudication

1. Innocence of private signature or forgery 】 Not guilty 】 Not subject to adjudication;

2. Innocence of the above investigation or signature;

3. Destruction (not guilty) of a fine not exceeding two million won for occupational breach of trust (at least two million won in prison);

4. Not guilty of the original of a notarial deed (legal scenarios) ¡¿ Dismissal of an appeal;

5. As to the judgment of the court below not guilty of the exercise of the original notarial deed, both appeals are the same as the above list, the court below shall judge as to the third, fourth, and fifth of the facts charged.

B. Regarding the summary of the grounds for appeal (1) the prosecutor (A) with regard to the facts charged by misunderstanding the legal principles, the defendant had a clan general meeting adopt a resolution of invalid exchange by deceiving its members against them, and the subsequent transfer of ownership registration constitutes a crime of false entry in the original of notarial deed and its uttering.

(B) The lower court’s sentence of unreasonable sentencing (two million won of fine) is too uneased and unreasonable.

(2) Defendant: Compared to the mistake of facts or misapprehension of legal principles as to the third point of charge (occupational Breach of Trust); 1) Defendant was trying to correct the erroneous registration made by mistake, and did not have any intention of breach of trust.

(2) There was no difference in the value of the real estate exchanged, and therefore no species of loss have occurred.

2. Determination

A. (1) Determination on the grounds of appeal by a prosecutor (1) and the fact that the original of a notarial deed is false entry and its exercise: The crime of false entry in the original of a notarial deed is established when a public official makes a false report to the public official to enter false facts in the original of a notarial deed. Even if there is no matter stated in the original of a notarial deed or there is any defect that falls under the invalidation even if there is no such matter, such entry constitutes a false entry (see Supreme Court Decision 2005Do4910, Aug. 25, 2005). However, in a case where an application for a change of the indication of a registered titleholder is filed by a resolution of a general meeting of a non-corporate company