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(영문) 수원지방법원 2016.03.23 2015노4827
공정증서원본불실기재등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendants raised any suspicion without any basis for the complainant; (b) voluntarily held an extraordinary general meeting from the beginning to appoint a representative without due process to commit the instant crime; (c) the Defendants confirmed that the resolution was null and void in the relevant civil case; and (d) the Defendants confirmed that there was no suspicion against the Defendants in criminal proceedings involving the complainants; (b) the branch council and the Defendants made a resolution and notification that the resolution was null and void on several occasions; (c) Defendant B was dismissed from the extraordinary general meeting of September 4, 2013 to the effect that the status of a clan member was suspended for five years from the conduct of sea species at the extraordinary general meeting of September 4, 2013; and (d) even though the Defendant was not legally elected as the representative of a clan, it can be recognized that the Defendants were not a representative, and thus, the lower court found the Defendants not guilty of each of the instant crimes, thereby affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is the members of the F clan (hereinafter “the clan of this case”), and G is the chairman of the clan of this case.

On September 22, 2012, the Defendants held an extraordinary general meeting at the third floor conference room of the Cheongdo Residents' Center located in the Cheongdo-dong, Cheongdo-si, and dismissed G from the office of the chairperson, and constituted an emergency countermeasure committee, and were elected as the chairperson of the emergency countermeasure committee, respectively. On January 11, 2013, the Defendants continued to hold an extraordinary general meeting at the third floor of the Saemaul Treasury, located in the Cheongdo-dong, Chungcheongnam-si, and were elected as the president who is the representative of the above sub-council, respectively.

In this regard, according to Article 13 (1) of the above bylaws, in order to convene an extraordinary general meeting, a resolution of the board of directors is required, and Article 9 of the rules.

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