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(영문) 광주지방법원 목포지원 2018.01.12 2017고단130
배임
Text

Defendant

A Imprisonment for eight months, each of the defendants B, C, D, E, F, and G shall be punished by imprisonment for four months.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A was a member of the victim K church in the Council at the time of Mapo-si, but was in conflict with the Defendants on June 26, 2015.

U as a member of the K church refers to the religious order of which the above church belongs, and the entrance by the religious order is argued to be a religious order.

Defendant B, C, D, E, F, and G are members of the steering committee of the victim church.

After the Defendants conspired to dissolve the victim church council and separately organize an operating committee and decide to donate the above church properties to L, the Foundation, on June 30, 2015, the registration division of the Ma, N, O-ground building and 503 units of P apartment units on June 29, 2015, the Defendants completed the registration of the transfer of ownership on the ground of donation on June 29, 2015. On July 16, 2015, the Defendants completed the registration of the transfer of ownership on the land of Q, Q, R, S, N, and O total five parcels of land on the ground of donation on June 29, 2015.

As a result, the Defendants had the above Incorporated Foundation gain profit equivalent to 1.3 billion won of the real estate price owned by the victim church and suffered damage equivalent to the same amount to the victim church.

Summary of Evidence

1. Part of the Defendants’ respective legal statements (the part of the Defendants present at the same resolution as the facts constituting the crime)

1. Each police statement about T;

1. The application of Acts and subordinate statutes, such as investigation reports (Submission of a supplementary statement to a complaint), investigation reports (Submission of evidentiary documents by a suspect), investigation reports (Submission of evidentiary documents by a criminal suspect), invalidation cases of the qualification of a pastor who holds the K church of a pastor A, judgment, composition of an emergency countermeasure committee, meeting minutes of the steering committee, certified copy of the register of real estate, articles of incorporation (Counterfeit), and

1. Relevant Articles of the Criminal Act and the Defendants’ choice of punishment for the crime: Articles 355 (2) and (1) and 30 of the Criminal Act;

1. Defendants on probation: Determination on the Defendants and their defense counsel’ assertion under Article 62(1) of the Criminal Act

1. The summary of the assertion is the facts charged in this case.

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