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(영문) 대전지방법원 홍성지원 2014.03.26 2013고단809 (1)
업무상횡령등
Text

Defendants shall be punished by imprisonment for one year and six months.

Provided, That each of the above punishments shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person in charge of maintaining and managing the property of a clan from July 1, 2012 to December 30, 2012, and Defendant B is a member of the same clan, and Party E is a member of the same clan.

The representative of a clan does not have the authority to manage and dispose of the property of the clan unless otherwise expressly provided for in the regulations or practices, and for the management and disposition of the property of the clan, the resolution of the general meeting of the clan shall be required for the management and disposition of the property of the clan, and the management and disposition by the representative without such resolution shall be null and void. In the case of the above clan, since the representative has not delegated the authority to manage and dispose of the property of the clan separately pursuant to the regulations, the representative of the clan shall not arbitrarily dispose of the property of the clan unless he has passed a resolution of the general meeting of the clans in force, but the defendants conspired to sell the property of the clan by forging documents in the name

1. Forgery of private documents and the display of private documents;

A. On July 30, 2012, the Defendants: (a) prepared real estate registration documents to sell H land in the office of the G management of the 1st century F2th century around July 30, 2012; (b) completed the preparation of a resolution stating false matters as if eight members of the I certified judicial scrivener office were present on July 30, 2012 to appoint Defendant A as the representative of the clan and decided to sell the said land; and (c) Defendant A entered “Members E” in the above resolution and affixed a seal imprint of E in advance after the name; and (d) Defendant A has the authority to represent the said clan and prepared a proxy copy of the said clan’s name; and (e) written a proxy copy of the said clan’s name.

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