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(영문) 서울고등법원 2018.06.08 2017노456
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for three years and for two years, respectively.

except that this judgment.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles)

A. Article 1 of the charge No. 2015 Gohap 209 [the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) by Defendant A and B] set up a right to collateral security of KRW 700 million and borrowed KRW 500 million in the forest and field of Gwangju City, which is owned by the victim JJ clan (hereinafter “victim clan”), without a resolution of the board of directors and the Religious Preservation Committee around May 8, 2013.

The above Defendants used most of the borrowed money for personal purposes, such as the horse expenses, the fair advertising expenses, entertainment expenses, and car sirens, and used the money for the refund of the rebuilding expenses to the lessee of the BT ground building owned by the victim clan who did not bear the duty of return by the victim's species.

In light of the fact that there was no resolution of the board of directors and the sub- preservation committee on the provision of the above forest land as security and the details of the use of the loan, there was an intention to obtain illegal profits from the above Defendants.

Nevertheless, there was an intention of unlawful acquisition by the above Defendants.

The judgment of the court below which acquitted the charged facts of this part on the ground that it cannot be seen that there is an error of misunderstanding of facts or legal principles.

B. Of the facts charged No. 2015, No. 209

A. B. Paragraph (b) of the Defendants [the Defendants’ violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes), the Defendant A and B sold 16,203 shares among the O forest land owned by the Defendant C and D in Gwangju City, a stock company operated by the Defendant C and D, without a resolution of the board of directors and the Religious Preservation Committee on October 7, 2013, and sold the 16,203 shares among the 16,426 shares, and V forest land, and without paying any balance, incurred property damage equivalent to the remaining 3.3 billion won from the victim clan by completing the registration of transfer of ownership on January 13, 2014 without paying any balance, and by making a false report, the Defendant A and B made a false entry into the original copy of the fair deed and exercised

Nevertheless, there is no resolution of board of directors.

the Commission for the Re-Preservation of Species.

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