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The prosecutor's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal: In full view of the evidence submitted by the prosecutor, the judgment of the court below which acquitted the defendant of the facts of this case, is erroneous in the misapprehension of the facts.
2. The lower court, based on the circumstances indicated in its reasoning, found that the instant facts charged were proven without reasonable doubt by the evidence presented by the prosecutor.
For reasons that it cannot be seen, the defendant was acquitted.
The judgment below
In addition to the following circumstances, the court below's determination is just and acceptable, and there is an error of law of misunderstanding of facts, such as the prosecutor's assertion, in addition to the evidence duly adopted and examined by the court below and the court below.
subsection (b) of this section.
A. The former president D (hereinafter “instant organization”) testified in the court of the court below that “Defendant was appointed as an extraordinary director at the conference of the instant organization on July 12, 2015,” “Defendant may convene an extraordinary session as an extraordinary director,” and “Defendant was allowed to change the name of the president of the instant organization”.
B. The Secretary-General of the instant organization
On January 22, 2016, I agreed with the defendant that I pay 1.6 million won to the defendant under the pretext of compensating for expenses incurred by the defendant in the process of transfer of the president of the instant organization.
If the Defendant opened an extraordinary general meeting at will on August 25, 2015 (hereinafter “instant general meeting”) and voluntarily prepares minutes on the agenda, etc. on which he/she is elected as the president of the instant organization, then I does not have any reason to conclude the aforementioned agreement with the Defendant.
(c)
In the minutes of the meeting of the instant organization on October 3, 2016, the present A Chairperson shall be dismissed as a full-time member of the number of members present at the meeting, and the number of members present at the meeting according to the regular rules of the instant organization.