logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.04.23 2014노1321
자격모용사문서작성등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. An officer (the president, vice-chairperson, and director) elected at the temporary general meeting of delegates (hereinafter “the president, vice-chairperson”) held on November 14, 2011, including the Defendant, who is the vice-chairperson, was 13 persons, but among them, seven persons did not submit a written acceptance of his/her appointment to the Federation, withdrawn his/her intention of taking office, or resigned on December 11, 201 by the president.

Therefore, the officer, who is a member of the board of directors, was only five persons stated in the facts charged, including the defendant. On December 11, 2012, 201, the officer of the board of directors, appointed the defendant as a proxy of the chairperson by the written resolution of the board of directors (hereinafter referred to as "the written resolution of this case").

Therefore, the defendant has been holding the legitimate acting authority of the president of the Federation.

Nevertheless, the lower court found the Defendant guilty on the premise that the Defendant did not have the authority to act as the president of the Federation. Therefore, the lower court erred by misapprehending the facts and affecting the conclusion of the judgment

B. As seen earlier, the Defendant erred by misapprehending the legal doctrine that he/she has the authority to act on behalf of the president of the Federation by means of the written resolution in this case, and there is a justifiable ground for misunderstanding of the authority.

Nevertheless, the court below rendered a judgment of conviction against the defendant. The court below erred by misapprehending the legal principles as to errors in law, thereby affecting the conclusion of the judgment.

C. The court below's decision on unfair sentencing is too unreasonable to impose a fine of three million won on the defendant.

2. Determination on the grounds for appeal

A. Comprehensively taking account of the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the fact that 13 executives including the defendant who is the vice-chairperson at the extraordinary general meeting of the representative National Assembly on November 14, 201 are elected, and Article 15(3) of the annual articles of association of the Federation provides that "the vice-chairperson assist the chairperson, and the vice-chairperson designated by the chairperson or determined by the board of directors shall act on behalf of the chairperson."

arrow