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(영문) 울산지방법원 2014.12.05 2013고합120
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant

A shall be punished by imprisonment of one year and six months, by imprisonment of two years and six months, and by imprisonment of one year and eight months.

Reasons

Punishment of the crime

Defendant A is the chairperson of the I-Class Association (hereinafter referred to as the “I-Class Association”) who is the owner of 27,756 square meters of forests and fields H H at the time of racing (hereinafter referred to as “principal forests and fields”), and Defendant B is the vice-chairperson of the I-Class Association, and Defendant C is the chief director of the I-Class Association.

1. The Defendants committed the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) by the Defendants as the executives of the above clan Association, and according to the rules of the clan Association amended on August 24, 2008, “the management of all property is subject to the decision of the general assembly and the board of directors, and the sale and purchase or substitute of the mountain shall be subject to the decision of the general assembly and the board of directors and the general assembly and the board of directors.” Accordingly, the Defendants are in the position to manage the land which is the property for the clan Association.

Nevertheless, in order to raise money necessary for the operation of the clan in violation of the above duties, the Defendants held the board of directors at the Defendant’s house located in Ulsan-gu J on November 13, 201 and decided to sell the forest land in violation of the foregoing rules to Defendant B. On December 9, 2011, the Defendants entered into a contract with Defendant B to sell the forest land in question at the above A’s house to Defendant B for KRW 1,091,480,000.

On July 30, 2012, the Defendants prepared necessary documents for the relocation of the registration in the L legal scrivener's office located in Suwon-gu K, Daegu-gu, and completed the registration of ownership transfer with respect to the forest land as Defendant B from the 203 Daegu District Court and the 203 Daegu District Court racing support department of the above certified judicial scrivener's office on the same day through the Director-General of M.

Ultimately, the Defendants conspired as above in violation of their duties and sold the forest land owned by the family-friendly association to Defendant B, thereby having Defendant B gain profits of KRW 915,948,00, which is the market price of the forest land in this case, and caused damages equivalent to the same amount to the injured family-friendly association.

2. Forgery of private documents by Defendant B and C

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