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(영문) 의정부지방법원 2017.06.12 2017고단1744
업무상배임
Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

Defendant

On December 22, 2016, A was sentenced to 8 months of imprisonment with prison labor and one year of suspension of execution of the above investigation documents, etc. at the District Court on March 30, 2017, and the judgment became final and conclusive on March 30, 2017, and Defendant B was sentenced to 2 years of suspension of execution of imprisonment with prison labor for the crime of forging private documents at the District Court on December 22, 2016, and the judgment became final and conclusive on March 30, 2017.

Defendant

A is a person who was in office as the chairperson of a clan of D’s “D’s member” (hereinafter “D’ member”) from January 2008 to April 2014, and Defendant B is a person who was in office as the general secretary of D’ member for the aforementioned period.

D A clan has been managed by delegation from the victim's "E member clan" (hereinafter "E member clan"), and the defendants have duties to protect and manage the property of the E member clan entrusted to him/her as the chairperson and the general manager of the D member clan, and to protect and manage faithfully the property of the E member clan entrusted to him/her as above for the interest of the E member clan, and to take legal procedures such as a temporary board of directors and the general meeting of the E member clan in selling the property owned by the E member clan, and to take necessary measures to receive and receive sales proceeds clearly, thereby preventing damage to the property of the E member clan.

Nevertheless, around February 2013, the Defendants decided to sell 12,892 square meters of forest land and G 23,008 square meters of forest land (hereinafter “each of the said real estate”) to H, who is a person living with his/her father and wife, of Defendant A, without any lawful procedure, such as the temporary board of directors and the general meeting of shareholders, etc., as if there was such a meeting, to forge and exercise the relevant resolution as if there was such a meeting, and to make a registration of transfer of ownership to the buyer before receiving the total sale price in advance.

In accordance with this decision, Defendant B shall be subject to the Rules of the Em Union around February 20, 2013.

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