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(영문) 창원지방법원 2017.08.17 2017노453
배임증재등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principle) Although the defendant, who denies the establishment of the actual authenticity, did not clearly specify what the facts charged in the suspect interrogation protocol, the defendant seems to mean the whole facts charged in the instant case in view of the content of testimony in the court below, etc.

Since the protocol of interrogation of the suspect against the defendant is written differently from the statement of the defendant, it should not be admitted as evidence of guilt against the defendant.

2) As to the inheritance of breach of trust, the Defendant was the actual operator of the F Regional Housing Association (hereinafter “the instant association”), the Defendant was entitled to select the construction work of the apartment construction project to be executed by the instant association (the Si Corporation was already designated as G Co., Ltd.). Therefore, there is no reason for the Defendant to pay the sales fund to A, etc. to select the said G construction project.

However, it is unlawful that the instant association did not receive the operating expenses of the association separately from the members, and that it is paid the sales fund to the head of the association or the executives of the association with the contribution of the union members. Therefore, the Defendant, the actual operator of the instant association, bears the sales fund.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

3) As to the issue of false accusation, A retires from the Sungdong Shipbuilding Marine Co., Ltd. around May 2015 and, in the event that the defendant did not receive any salary as the president of the partnership, retired from the partnership head.

was made.

However, in order to obtain authorization for the establishment of the instant association, the seal of the head of the association should be affixed to the relevant documents, and the head of the association must visit the administrative office directly. Therefore, if A resigns from the head of the association, the said authorization duty shall be granted.

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