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(영문) 서울남부지방법원 2016.01.15 2014고합395
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant shall properly maintain and manage the property of a clan as the chairperson of the D clan, and when he/she intends to use the property of a clan, he/she has a duty to use the property of the clan so that it does not violate the equality for all the members of the clan.

Nevertheless, the defendant had a mind that some of the members of his family are divided into a name of the distribution, custody and loan of clan properties.

On January 29, 2010, the Defendant arbitrarily selected only certain members of a clan, such as executives of the clan or relatives close to the clan, under the pretext of distributing and keeping the money in custody of the clan E in Seoul, the Defendant did not complete an examination of their financial status and other capabilities, and did not prepare measures for collecting the money in custody, such as acquiring human property security, and granted KRW 100,000,000 to the general members of the clan to the Defendant, 150,000,000,000 to the general members of the clan from the above day to May 9, 2014, and made efforts to have the Defendant acquire the same amount of money in total to the Defendant and 10,000,000,000 won from the above day to the day of May 9, 2014, and made efforts to preserve the money in violation of the duties of the Defendant and 10,001,70,714,700,000 won or more of the victims of the clan.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement of F in the protocol of interrogation of the suspect against the accused by the prosecution;

1. Statement made by the prosecution with regard to H;

1. A criminal investigation report (a copy of an audit report and a sales slip for purchase), investigation report (af statement attached thereto);

1. A clan news report, clan rules, judgments, minutes of a clan committee meeting, and other evidence list 10, respectively.

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