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The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 500,000.
The above fines are imposed by the Defendants.
Reasons
1. Summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles)
A. As to Defendant A’s interference with the business on January 27, 2013 and the Defendants’ interference with the business on February 2, 2013, D, the general secretary of the E-dong club (hereinafter “instant club”) of the E-dong club (hereinafter “instant club”), took place as the next president from February 4, 2013 before the ordinary general meeting of the instant club (hereinafter “instant general meeting of the club”) and took place as of February 4, 2013, and criticize the Defendants, and the other members of the club were required to limit D’s authority.
As a result of the proposal, Defendant A reported the loss of the cream card held by D, and the Defendants took measures to prevent D from doing so in the Internet car page of the instant club (L, hereinafter “instant Internet car page”). As such, the Defendants’ above actions constitute legitimate acts.
B. As to Defendant A’s occupational embezzlement, Defendant A’s crime of embezzlement is not established on the ground that Defendant A merely did not transfer the membership fees of the club of this case to an account in the name of an individual and did not refuse to return the membership fees of the club of this case to the injured person.
(c)
Defendant
A’s interference with business affairs on February 23, 2013, and the Defendants’ interference with business affairs on February 19, 2013 and March 7, 2013, a resolution passed at the instant ordinary meeting to elect D as the next president at the instant ordinary meeting is null and void because it was conducted in the presence of those who are not entitled to participate in the general meeting and voting, and therefore D cannot exercise the power of the president of the instant club, and therefore, the Defendants cannot be deemed to have interfered with business affairs.
(d)
Defendant
As to the occupational breach of trust in B, Defendant B responded to the request of members of the club for refund of membership fees under the circumstances where the club of this case suffers from confusion due to the dispute between executives, and the dance lessons cannot be achieved.