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(영문) 청주지방법원 2017.06.09 2016노1389
도시및주거환경정비법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 800,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the lower court (two million won by imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In light of the following circumstances: (a) the Defendant recognized and reflected the instant crime; (b) the partnership made an ex post ratification decision on the instant loan agreement; (c) the Defendant has made efforts to implement the redevelopment and improvement project of the instant housing; (d) the instant money borrowed by the Defendant without a general meeting resolution was used as operating expenses of the said business; and (c) the Defendant merely used it for private purposes or embezzled it; and (d) the Defendant was appointed as a full-time director of the instant association with the support of its members at the general meeting on January 21, 2017 held after the judgment of the lower court; and (e) the Defendant was appointed as a full-time director of the instant association with the support of its members; and (e) taking into account the various circumstances, such as the Defendant’s age, sex, environment, family relations, circumstances after the crime, etc., the Defendant’s sentence of punishment imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of the evidence of criminal facts acknowledged by this court was the date and time of the crime in attached Table 1-5 among the facts charged in the first instance court, from “the date and time of the crime in attached Table 1-5” to “the March 6, 2013.” In the first instance court’s judgment, “the defendant was transferred KRW 10 million from the 17th page of the judgment below to the 19th page of the 2nd page of the judgment below, without a resolution of the general meeting of association members at the place indicated in paragraph (1) around January 28, 2011, by using the above association’s account under the name of the Architect J, a partner company, without a resolution of the association members’ general meeting.

“The Defendant shall undergo a resolution at a general meeting of union members at the place described in paragraph (1) around June 30, 201.

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