(영문) 부산고등법원 2020.01.30 2019노401 | 리걸엔진

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(영문) 부산고등법원 2020.01.30 2019노401

특정경제범죄가중처벌등에관한법률위반(배임)방조

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All the judgment below is reversed.

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

However, from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (definite and misunderstanding of legal principles) is to change the representative to F at an invalid general meeting without undergoing lawful procedures for convening a clan by the victim’s clan, and to leave the clan F to sell land and to accurately check the sale conditions of the clan land in itself is to recognize the intention of aiding and abetting and the principal offender’s intention.

Therefore, the judgment of the court below which acquitted all the Defendants of the charges of this case, despite the full conviction of the Defendants, is erroneous by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion

2. The summary of the facts charged is the general secretary of G (hereinafter referred to as “victim’s clan”) and a person in charge of the management of public funds and property owned by the Victim’s clan by proxy, and the Defendants are the victims’ clan members elected at the general meeting around February 23, 2013.

The F is a general secretary of the victims' clan and a member acting on behalf of the Chairperson to preserve and manage the property owned by the clans in good faith for the benefit of the clan, and if sold, it shall undergo a legitimate resolution of the general meeting and the board of directors, etc., and in the course of the execution of the sales contract, there was a duty to prevent damage to the property of the clans by taking measures to ensure

Nevertheless, the F held a general meeting for the opening of officers of the clan and the revision of the rules of the clan on February 23, 2013 without convening a notification for the resolution of the clan members to exclude all of the members of the same clan in conflict with the issue of the distribution of the property of the clan, and held a general meeting for the opening of officers of the clan and the revision of the rules in the status of some members of the clans around February 23, 2013, and elected each of the members of the clan.

Since then, F, Defendant B, Defendant C, Defendant D, and Defendant E are located in F, Busan District of Entry around November 22, 2014.

유사 판례

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-서울북부지방법원 2016.11.24 2016가합664

-대전지방법원 홍성지원 2018.12.14 2017고정202

-대전지방법원 2016.09.07 2016고단774