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(영문) 서울고등법원 2014.11.27 2014노1843
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

1. The part of the judgment of the court below guilty (including the part not guilty) shall be reversed.

Defendant is attached to the judgment of the court below.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts and misunderstanding of legal principles (A) , it is difficult to deem that Defendant has an intention to obtain unlawful acquisition for the following reasons.

(1) Prior to receiving compensation from the State, D residents have been operating the FF Countermeasures Committee (hereinafter referred to as the “instant Countermeasures Committee”) by raising or financing the Defendant’s own expenses.

② Since the instant association paid 600 million won as purchase price for the land to be purchased before the establishment of the instant association, the instant measure committee has the right to receive the refund after the establishment of the instant association.

③ At the joint meeting of the General Assembly of the Countermeasures Council, the Countermeasures Council of the instant case, and the International Farming Cooperative Corporation (hereinafter “instant Union”), a resolution was adopted to pay to the Defendant the sum of KRW 19,300,000,000,000,000,000,000,000,0000,000 retroactively from April 2001 to March 2006, and the amount of labor cost of KRW 1.5 million per month from February 13, 2008 and the amount of labor cost of KRW 50,000,000 per month.

④ Ultimately, the Defendant received personnel expenses, etc. to be paid from the instant countermeasures on behalf of the instant union that was liable on the instant countermeasures.

In particular, since the labor cost of KRW 1.5 million per month and the sales contribution cost of KRW 500,000 per month have been resolved at the countermeasures of this case and the joint meeting of the association of this case, the defendant has the right to be directly paid to the association of this case.

(B) The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) (1) has the right to receive a refund of the amount equivalent to 600 million won paid to the instant association in lieu of the purchase price of the land as seen above, and the instant association paid expenses for the countermeasures of this case instead of returning it.

In particular, the cost of collecting carbon paid by the instant association is consistent with the purpose of the instant association’s business.

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