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(영문) 수원지방법원 2014.10.15 2013고단6681
사기등
Text

Defendant

A Imprisonment with prison labor of one year and six months, Defendant B, D, E, F, and G are punished by imprisonment with prison labor of one year, and by eight months, respectively.

Reasons

Punishment of the crime

[2013 Highest 6681] Defendant A is the president of the “J” organization as the head of the Tong-gu I Tong-gu I. Defendant B is the former president of the “J” organization, and Defendant C is the general affairs of the “J” organization, Defendant D, Defendant E, and Defendant F are the directors of the “J” organization, and Defendant G are the development directors of the “J” organization.

At the time of December 18, 1969, K Do residents in the administrative district of Yong-si at the time of the administrative district, for the sake of remaining for the village's proprietary property, made a registration of preservation of ownership under the name of K 'K', which is the village designation, with the area of 1,642 square meters (hereinafter referred to as "this land").

Since the name of the administrative district was changed to Silung-gu I, the administrative district name was changed to Silung-gu I, and 46 of the I residents, including M, from among the non-corporate defendants, was formed by an organization under the name of "I original residents' representatives meeting" around February 20, 2008, and filed a lawsuit to request the Suwon District Court for the issuance of land with respect to the illegal possession and use of a part of the land by OO corporation adjacent to the land of this case. However, the land of this case is jointly owned by the whole members (214 village residents as of March 2, 2009) of the non-corporate natural village "K" (214 village residents as of March 2, 2009). Thus, the "I original residents' representative meeting, which is part of I residents, was ruled to be disqualified for the plaintiff.

The Defendants intended to dispose of the instant real estate, but upon the appointment of Defendant A as a special account book on June 1, 2012, the Defendants held an extraordinary general meeting on June 16, 2012 and appointed Defendant A as the representative of an organization while 38 persons attend the meeting, and decided to change the name of the organization to “J” in the same manner as the name of the owner of the said land, limit the ownership of the said land to 51 members of the said organization, and to divide the said organization members by disposing of the said land.

1. After the Defendants conspired as above, the seller “J” and the representative of the seller to P around December 21, 2012.

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