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(영문) 수원지방법원 2018.04.26 2017고합629
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The prosecution of this case is dismissed.

Reasons

1. On June 2, 2011, 315 of the facts charged, including the Defendant and E, filed a lawsuit for confirmation against the victim F clan (hereinafter “G clan”), and most of the Plaintiffs were the members of H and I.

The plaintiffs' legal representative was "J Law Firm," and the defendant led the above lawsuit as the general secretary of the above I clan at the time.

On June 14, 2012, the above lawsuit was rendered by the Seoul High Court in favor of all the plaintiffs, and on January 9, 2013, the Seoul High Court rendered a favorable judgment against the plaintiff 246 including the defendant. On June 13, 2013, the Supreme Court decided on June 13, 2013, and the lawsuit representative of the High Court and the Supreme Court's attorney was "J and K Law Firm."

The above plaintiffs, including the above I clans, who were employed as a general secretary by the defendant, paid the total of KRW 720,500,000 to K of "Law Firm J" and KRW 110,000,000 to K of "Law Firm" at the attorney's expense.

On July 19, 2013, the above attorney's fees included a statement of 105,00,000 won from the bank of Korea to K law firms on behalf of the above plaintiffs, and 500,000,000 won to J law firms on behalf of the above plaintiffs, and the above amount of 615,195,90 won, including the above amount of 605,00,000 won, was adjusted to have been borrowed from the defendant.

The defendant who was one of the plaintiffs was elected on November 30, 2013 as the chairperson of the victim clan, and was in the position of general manager of the business of the victim clan including fund management.

Defendant 1, who received a loan under his own name and used it for expenses such as a litigation for confirmation, etc. of the above clans, and to compensate for the litigation costs to be received from the above I clans that most of the Plaintiff side and the litigation costs paid by I while the other party to the lawsuit was the victim's clans that he was appointed as the president.

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