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(영문) 대전지방법원 2016.09.07 2016고단774
업무상횡령
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is the president of the clan C by December 13, 2014.

C A clan is a clan comprised of male who is 20 years of age or older among D's descendants, and descendants and descendants of E participate in the clan members.

On December 20, 2010, while the defendant was elected as the chairperson at the general meeting of the clan on December 20, 2010 and was in office as the chairperson of the clan, on December 13, 2014, he was elected as the son of the F, and the defendant was killed, only the descendants of the E are the legitimate members of the clan C, and the descendants of the F are the so-called 's members of the clan' and were not the lawful members of the clan.

From December 20, 2010 to December 13, 2014, the Defendant, as the chairperson of the victim C clan, was required to return the said clan-related documents several times from G from the time when G was elected as the new president on December 13, 2014, while he/she kept for business three registration certificates of real estate owned by the clan, three sales and sales contracts of the building owned by the clan, six bank passbooks deposited with the funds of the clan, six cash payment, one cash payment, and other documents necessary for managing the property of the clan.

Nevertheless, the Defendant asserted that “justifiable qualification as a clan member is the descendants of E, that F’s descendants are not eligible for voting rights and eligibility for election,” and that “The Assembly on December 13, 199 is elected only by the president and that other officers are not elected, and thus null and void,” and rejected the return of the above clan-related documents requested by G based on the qualification as the chairperson of the clan.

As a result, the "H" stated in the facts charged in the facts charged in the crime of victim C is deemed to be erroneous entry. The defendant embezzled three registration certificates of real estate ownership, building sales contract, six deposit passbooks, and money withdrawal and payment necessary for the management of the clans.

2. According to subparagraph 5 of the judgment, a resolution by a clan C to elect G as the president at the ordinary meeting of December 13, 2014 is legitimate.

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