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(영문) 서울고등법원 2015.08.20 2014노3919
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 5,000,000.

Defendant

A does not pay the above fine.

Reasons

1. The summary of the grounds for appeal is examined to the extent that the defendants' defense counsel supplement the grounds for appeal, defense counsel's opinion, and summary of pleadings, which are submitted by the defense counsel with the exception of the period for submitting the grounds for appeal.

Defendant

A: Error of facts, misunderstanding of legal principles, misunderstanding of facts or misunderstanding of legal principles, Defendant 1 et al. (hereinafter referred to as “Defendant ” without indicating the name of the Defendant in each of the corresponding items, and the name of the upper accused is referred to as “Defendant ”, but the name of the Defendant is indicated if a specific necessity is required. The Defendant was guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation in Trust) and of forging each private document and exercising each of the above-mentioned investigation documents. However, the lower court erred by misapprehending the facts or misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. (A) In so doing, the lower court did not err by misapprehending the facts or misapprehending the legal principles as set forth below

The sale and purchase of the land of the wife P and Q (hereinafter referred to as the “instant land”) at the Doll City shall not have any property profit or any property damage has occurred to the Gyeonggi-do Si Corporation.

B. (i) With respect to the forgery of each private document and the uttering of each falsified document, the person who signed and sealed the letter of consent to the sale on December 2, 2010 is not the defendant but the defendant, and theO duly delegated it by the head of the clan and signed and sealed it, and the defendant cannot be established with regard to the charge of forging the private document and uttering of the private document for the above written consent to the sale.

With respect to the minutes of the General Assembly on March 5, 2011, the defendant prepared the minutes of the General Assembly with the consent of the president of the clan AC and AmM of the clan.

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