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(영문) 서울남부지방법원 2014.08.14 2012노1983
업무상횡령
Text

The judgment of the court below is reversed.

The Defendants are not guilty. The summary of the judgment of innocence against the Defendants is publicly announced.

Reasons

1. The gist of the prosecutor’s appeal is that the Defendants, as stated in the facts charged in the instant case, engaged in the management and enforcement of the funds of the FMM clan (hereinafter “FM clan”) and the funds of the FMM clan (hereinafter “FM clan”) were embezzled by arbitrarily using the funds of the said clan for personal purposes, but the court below acquitted the Defendants by misunderstanding the facts.

2. Before the judgment on the grounds of appeal on the grounds of appeal, the prosecutor ex officio examined the facts charged in this case at the trial below (the judgment in writing) and applied for changes in the indictment as stated in paragraph 1, and since this court permitted the changes, the judgment of the court below was no longer maintained.

3. Thus, the judgment of the court below is reversed ex officio and it is decided as follows after pleading.

【Discretionary Judgment】

1. The Defendants of the facts charged of this case are members of the FM, and Defendant A is the president, Defendant B is the general secretary of the FM, Defendant C is the secretary of the GM who is the subordinate clan of the FM, Defendant D is the vice-chairperson of the FM and the chairman of the OM who is the subordinate clan, and was engaged in the management and execution of the FM's funds. In particular, Defendant C is engaged in the management and execution of the funds of the FMM clan, and Defendant D is also engaged in the management and execution of the funds of the FMM clan.

In 200, the development of the land owned by the HA clan was anticipated, such as the expropriation of the land owned by the HA clan around 200, and some land was sold.

On the other hand, there are only the JA clan as subordinate to the HA clan at the time, and the defendants who do not belong to the JA clan intend to form the FA clan as subordinate to the HA clan in order to receive money from the expropriation and sale of the land.

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