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(영문) 전주지방법원 2018.01.25 2017고합8
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Status and the background of the crime of the defendant] From the early November 2015, the defendant was a person who is the president (representative) of the clan B (hereinafter referred to as the "family") to the last day, and has a duty to manage and preserve the property of the clan in accordance with the constitution of the above clan. In the case of the acquisition or disposition of the clan property, it shall be executed with the attendance of at least 2/3 of the total number of the registered directors and a resolution of the board of directors of the clan with the consent of at least 2/3 of the members present, and thereafter, the general meeting of the clan shall be reported.

Defendant sold 12 lots of real estate (hereinafter “instant real estate”) recorded in the list of offenses owned by the above clans in breach of the duty of care of the president of the clan, and the directors who clearly expressed their dissenting opinions at the time of the meeting of the clans board of directors, the minutes of the board of directors were falsely prepared as if all the directors of the clan have agreed to do so, and the instant real estate was sold to a third party without any verification procedure for the actual value of the instant real estate by forging and attaching the signature of the director who expressed opposing opinions in the main text of the minutes.

[Specific Crime]

1. On February 24, 2016, the Defendant: (a) prepared the minutes of the general meeting as if he held the general meeting, even though he had not held the general meeting at the above clan office in the Young-gu Office of the same clan on February 19, 2016, by using a computer at the place of the above clan office in the Young-gu Office of the same clan on February 19, 2016; and (b) had held the general meeting

17 A list of members present at the meeting and directors was prepared in attached Form 17, using a closed seal, and the same was attached to the meeting minutes.

The defendant held the board of directors of the above clan on the same day, but 13 of the total 15 of the directors attend and agree to the sale of the real estate in this case by 8 members, and oppose 5 members such as D, E, F, etc., he/she shall constitute a quorum (as 2/3 of the members present, 9 of the board of directors present) pursuant to the constitution.

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