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(영문) 광주지방법원 2019.11.22 2019나1592
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The basic facts of the Plaintiff’s clan are the common clan of the Plaintiff’s clan, and the Defendant has been working as the chairperson of the Plaintiff’s clan from March 24, 2012 to March 2017, and has general control over the overall affairs of the Plaintiff’s clan including the management of funds.

[Ground for recognition] Unsatisfy

2. In relation to the application suit No. 2015Kahap332 of the Gwangju District Court, the claim for damages arising from illegal acts.

A. (1) On June 8, 2015, the Defendant spent 3,300,000 won for the attorney’s fees at the expense of the Plaintiff clan in relation to the case of filing an application by the Gwangju District Court 2015Kahap332, and on November 23, 2015, the Defendant was indicted for committing the crime of occupational embezzlement against the Plaintiff clan as follows.

(Maiju District Court 2015 Highest 4468). Defendant

As above, the victim clan refers to the plaintiff clan. D, the former chairperson of the above door, on May 27, 2015, who was in the custody of the literature for business purposes, applied for suspension of the performance of duties and provisional disposition of the appointment of an acting director (Seoul District Court 2015Kahap332) against the defendant as to the defendant's position as the chairperson pursuant to the rules of the council that "it shall not be an officer who has inflicted property or any other damage on the property or other damage on the door." On June 5, 2015, around June 5, 2015, after convening a temporary directors meeting in the Dong-gu, Gwangju, Dong-gu and 5th floor, presented an agenda on the appointment of a lawyer at the expense of the defendant's attorney-at-law at his own expense, and then withdrawn the above agenda with the consent of 12 directors, G, H, I, etc. from the above sentence.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

(2) On December 23, 2015, the first instance court rendered a judgment of a suspended sentence of a fine of KRW 1 million to the Defendant, which convicted the Defendant of the facts charged.

(3) The above judgment of the first instance does not appeal both a prosecutor and the defendant.

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