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(영문) 창원지방법원 2011.10.06 2011노583
업무상배임
Text

All judgment of the court below shall be reversed.

Defendant

A Imprisonment for 6 months, Defendant B, C, and D shall be punished by imprisonment for 4 months, and Defendant.

Reasons

1. Summary of grounds for appeal;

A. On November 24, 2005, H fishing village fraternity (Defendant 1) made a resolution of the general assembly to waive the right to the land of this case and to transfer it to Defendant B. Defendant A, D, and E only prepared a written statement of this case by executing the resolution in accordance with the above general assembly resolution. Thus, it cannot be deemed as an act of occupational breach of duty.

B) In light of the fact that the value of the instant land at the time of the formation of each of the instant reports, and that considerable litigation costs related to the instant lawsuit filed by the heir against Defendant B were not available, there is no intention to commit occupational breach of trust against the Defendants. (C) At the time of the formation of each of the instant reports, H fishing village fraternity possessed only the right to possess possession, not the ownership of the instant land, and thus, the amount of damages arising from the waiver of rights is equivalent to the value of the right to possess possession, not the market value of the instant land, rather than the market value of the instant land.) Nevertheless, the lower court convicted the Defendants of the facts charged. Nevertheless, the lower court erred by misapprehending the facts or misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. (2) The lower court erred by misapprehending the facts, or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. (1) The suspended sentence of imprisonment with prison labor for one year, Defendant D, and E: Imprisonment with prison labor for six months, and two years, respectively.

B. The punishment (two years of suspended sentence for six months of imprisonment) sentenced by the second court below on the judgment of the second instance (Defendant E) is too unreasonable.

2. Determination

A. Prior to the judgment of ex officio (the part of the judgment of the court of first instance regarding Defendant E and the judgment of the court of second instance) on the grounds for appeal, the court of first and second judgment rendered a separate examination on Defendant E and rendered a judgment of conviction, and Defendant E filed an appeal against each of the above judgments.

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