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(영문) 수원지방법원 2016.05.18 2015노6626
업무상횡령등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding the facts and misunderstanding the legal principles, and the clan E (hereinafter “the clan of this case”) is a clan (hereinafter “the clan of this case”) that was operated by the members of the clan from the end of the 1960s to the descendants of M3, the clan (AG clan of this case), the clan that was made up of the descendants after the bad debt of M6, the clan that was made up of the descendants after the bad debt of M13 (hereinafter “the bad debt of this case”) and the total three clans (hereinafter “three clans of this case”), and the clans of this case (hereinafter “the same clans of this case”).

The president of the clan of this case performed his duties as the representative of the three clans with interest on the representative of the clan of this case, and all of the duties of the clan of this case and the three clans of this case have been operated as the expense of the clan of this case.

Therefore, in order to maintain the property of the bad debt of the clan 13 of this case, it constitutes legitimate business performance of the defendant, who is the representative of the clan of this case, and illegal acquisition intent of the defendant, to whom the defendant paid expenses related to each lawsuit of this case with the funds of the clan of this case while carrying out the lawsuit, such as each provisional disposition entered in the facts of the crime and crime list in the name of the clan of this case or Q, which is the name of the clan of this case or in the name of the clan Q, etc. of the clan of this case.

subsection (b) of this section.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended sentence) is too unreasonable.

(b) prosecutor 1) It is deemed improper to have the former president of the misunderstanding of facts conduct his duties.

In extenuating circumstances to determine the person, the former president shall not perform his/her previous duties even if his/her successor is not appointed.

Although the defendant was the chairperson of the clan of this case, he was prohibited from holding an extraordinary general meeting for the appointment of a new clan representative until the relevant lawsuit on the merits became final and conclusive, in violation of this prohibition, which constitutes the special circumstances as seen above.

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