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(영문) 제주지방법원 2013.05.30 2011노722
업무상배임
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are merely introducing F, etc. to the contractor rather than actively ordering or permitting the release of stones.

Furthermore, a stone taken out by F, etc. has the right to ownership, management, and disposal in Jeju-si, the ordering owner, and at least the costs of extraction should be deducted from the amount of damages recognized by the lower court.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged in this case that the defendant violated his duty and thereby inflicted property damage equivalent to C 59,624,000 won is erroneous in misunderstanding of facts and misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution in August, and one hundred and twenty hours of community service) is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts and misapprehension of the legal principles, the court below and the witness L of the trial of the party. At the time, the defendant, the president of the C community, "E Corporation," ordered L, the subcontractor of the C community, to cut down farming paths in the ladle section, unlike the initial design, and introduce F, G, and H to L, thereby bringing them down away from the construction site. The F, etc. sold can be 119,248,00 won to stone companies in Jeju-do, and sold the can be 119,248,00 won in the construction site and divided the proceeds into three equal profits. According to the C Property Management Regulations, the defendant's disposal of village property is subject to the approval of the general meeting of village residents, and according to the C Property Management Regulations, it can be recognized that the defendant has determined the removal of the above stones.

According to the above facts, the stones extracted from C-owned forest shall be deemed as C-ownership, and in Jeju City, the ordering authority shall bear the construction cost of E-work in full and approve the use plan of some stones generated from the construction.

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