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(영문) 인천지방법원 2014.04.25 2014고정974
업무상배임
Text

Defendant

A A shall be punished by a fine of KRW 3,00,00, by a fine of KRW 1,00,000, by a fine of KRW 1,00,00.

The defendants are the defendants.

Reasons

Punishment of the crime

Defendant

A as the chairperson, the defendant B, C, D, and E from among victims G members, each of the directors of the board of directors of the above clan, shall deliberate and decide on the overall operation of the above clans and make decisions on the acquisition and disposition of the property.

On September 6, 2010, the above clan filed a lawsuit with the Incheon District Court claiming the return of embezzlement money, etc. against the general secretary H of the same clan. He sold the real estate owned by I in KRW 415 million to I on December 17, 2010, which was in the above lawsuit.

Accordingly, on July 1, 2011, the above clan was rendered a favorable judgment on January 23, 201, 201 with the purport that “The sales contract concluded between H and the above I shall be revoked within the scope of KRW 165,00,000.” The above clan was awarded a favorable judgment with the purport that “The Plaintiff shall pay KRW 165,00,000 to the Plaintiff.”

I appealed against the above judgment on February 5, 2013.

The Defendants conspired to act as the chairperson of the above clan and the directors of the board of directors to properly conduct the above litigation and thereby not cause damage to the clan, and agreed to withdraw the lawsuit, such as revocation of the above fraudulent act, by attending the meeting of the board of directors held at the meeting of the "K" restaurant located in the Nam-gu Incheon Metropolitan CityJ on February 5, 2013. On February 8, 2013, the Defendants submitted a letter of withdrawal of the above clan's name to the public service center of the Incheon District District Court located in the Nam-gu Incheon Metropolitan City Office of Civil Affairs, which was in the jurisdiction of the public service center of the Incheon Metropolitan City, thereby not being subject to the execution of the above judgment, and the above clan suffered property damage equivalent to KRW 165,00,

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Statement concerning L;

1. Application of the provisions of Acts and subordinate statutes such as a complaint, written judgment, copy of the decision, copy of the decision, and copy;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act concerning the selection of criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. The order of provisional payment:

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