logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2018.06.04 2017고합92
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

The defendant of "2017 Gohap 92" is a person who has been engaged in the management of the property of a clan, the management of a clan, and the friendship of members of a clan from January 13, 2008 to June 24, 2012 as the chairperson of the victim F clan (hereinafter "victim clan").

The victim clan purchased from Pyeongtaek-si G on November 20, 1946 12,91 square meters of forests and fields, 12,000 square meters of Pyeongtaek-si I forest, 8,774 square meters of Pyeongtaek-si J forest, 694 square meters before Pyeongtaek-si K, and 498 square meters of Pyeongtaek-si Lb (hereinafter “the instant real estate”), and completed the registration of transfer of ownership in the name of the victim’s clan on November 29, 1946.

On April 13, 2011, M, N,O, P, Q, and R, the heir of the deceased G, against the victim's clan in the Suwon District Court of Suwon District, the instant real estate is null and void since the ownership transfer registration of the victim's clan owned by the deceased G. Therefore, the victim's clan filed a lawsuit to perform the procedure for registration cancellation of ownership transfer registration (No. 201, Suwon District Court 201, No. 1479, No. 1479, hereinafter referred to as "related civil lawsuit") to the effect that the victim's clans are void as the ownership transfer registration of the victim's clans owned by the deceased G.

According to Article 23 of the above clan's articles of incorporation, the property disposition shall go through the resolution of the general meeting (the consent of at least 1/2 of the members present), and the defendant, the chairperson of the victim clan, in violation of the articles of incorporation and in spite of his/her duties to observe the above clans and to perform his/her duties for the sake of the victim clans, he/she shall not go through the resolution of the general meeting, and on January 18, 201, the above 201 was present in the case No. 1479 and the plaintiff's argument was accepted by attending the case No. 1479 on June 29, 201, and the registration of the transfer of the victim's clans was cancelled as of June 29, 2012, and his/her ownership was transferred to five other members

Accordingly, the defendant, as a person who violates his duties, has acquired profits equivalent to KRW 7,532,813,00 in the market value of the real estate in this case from five other persons.

arrow