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(영문) 광주지방법원 순천지원 2018.06.28 2017고단1985
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is similar to the victim D's door (hereinafter "the clan of this case"), and there was a occupational duty to maintain and manage the property of the clan of this case properly and to use it for all members of the clan of this case for the purpose of maintaining and managing the property of the clan of this case.

Nevertheless, the Defendant, among the members of the instant clan, tried to arbitrarily distribute the property of the clan to 29 persons, including the Defendant residing in the F father in the male and female city E. On February 2015, the Defendant enacted the rules to recognize only the said 29 persons as the members of the clan office located in G in the male and female city on February 2, 2015. On March 4, 2015, the Defendant held a meeting during the meeting and decided to divide the said 29 persons into 5 million won among the property of the instant clans by dividing the said 29 persons, who provided wages at the time of the construction of the memorials in the literature around about 10 years, around 206.

However, as a naturally created clan group, the descendants of the common ancestor naturally become members of the clan when they come to age without relation to their will, and the above regulations which restrict the qualifications for the members of the clan or the procedures for joining the clan do not have validity, the defendant decided to distribute the clan property of this case through a meeting without notifying or publicly announcing the convening of the general meeting with respect to all members. The above 29 members decided to distribute the clan property of this case to the above 29 members without confirming whether they resided in the village at the time of the establishment of religious services or contributed to the amount of wages, or whether they contributed to the payment of the clan property of this case to the F members, without any special circumstance, to distribute the clan property of this case to the above 29 members who were residing at the time of the resolution to distribute 5 million won each time to the F members of the clan, and keep the accounts in the name of the agricultural cooperative of this case from around April 7, 2015.

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