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(영문) 서울중앙지방법원 2014.02.06 2013고합1160
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The facts charged in this case

A. Defendants A’ status and criminal activity plan are the senior pastors of the Victim F Religious Organizations G (hereinafter “G church”) in Gwanak-gu in Seoul Special Metropolitan City, and Defendant B (one person H) is the head of the finance division of the G church from May 2012 to the head of the finance division of the G church.

On July 2010, the G Educational Association discussed issues such as the scope of the payment of honorable treatment money, such as the collection of the expenses of the new abuse school and the collection of the expenses of Defendant A, before the withdrawal of Defendant A, who was a member of the church, around July 2010.

According to the Constitution of the F Religious Organizations (hereinafter referred to as the “School Act”), the financial supervision is at the meeting of the church, and the budget and settlement of accounts are in charge of the joint council, so the grant of honorary treatment of KRW 800,000,000,000,000 per annum, which was the amount of KRW 1.3 billion to KRW 2.4 billion per annum, requires a resolution of the party council in accordance with due process and the prior resolution of the joint council.

However, regarding the appropriate amount of the honorable treatment fee for Defendant A, the term “one-third person among the party members, namely, I, J, K, L, M, N,O, P, Q, R, M, T, and U et al.”

(2) The special reserve funds discussed with respect to the disbursement of the honorable money is the money accumulated by the members for the purpose of the church facility fund, so excessive payment is difficult, and the remaining members, including the Defendants, who wish to give full honorable treatment as desired by Defendant A, conflicted with each other. At the time, it was impossible to determine the amount of the honorable money at the expense of 13 persons who oppose the payment of KRW 800,000,000, as the members of the church account for the attendance of a majority of the members, and according to the church law, it is impossible to determine the amount of the honorable money at the expense of the members.

Accordingly, the defendants are deprived of the membership of the core force among the 13 heads, and the decision-making process for the party.

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