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Defendants are not guilty.
Reasons
1. The summary of the facts charged in this case is the member of the FM, Defendant A is the chairman of the FM, Defendant B is the general secretary, Defendant C is the chairman of the GM which is the subordinate clan of the FM, Defendant D is the vice-chairman of the FM, and Defendant D is the executive member of the FM and is engaged in the management and enforcement of the FM funds.
In 200, the development of land owned by HAP was anticipated, such as expropriation of the land of GUP in the Gyeonggi-do, which was owned by HAP around 200, and sale procedures were conducted for some land.
On the other hand, at the time, Jins only exist as the lower clan of Hins, and the Defendants, who do not belong to Jins, were willing to form the Finsion as the lower clan of Hins in order to receive money from the expropriation and sale of land, separately from Jins.
Accordingly, around June 2002, at K located in AT, 32 persons, including the Defendants, participated and held a meeting referred to as the “F-party inaugural general meeting” at that meeting, and established a rule that “The board of directors, which has participated by at least 10 persons, may resolve matters concerning the determination of the current assets, the purchase, sale, and preservation and management of the intangible assets, and matters concerning the dismissal and reward of the officers.”
In addition, on March 2004, in the above K, the above K amended its rules to make it possible for executive members to dispose of their property at will by inserting the provisions that "any executive members consisting of the president, vice-president, general affairs, etc. shall be determined out of the budget, and shall be ratified by the board of directors at all times after the enforcement."
However, the above FM was composed of approximately 1,00 members, and around June 2002, there was no notification to all adult members to hold the so-called inaugural general meeting, and only 32 members participated in the so-called inaugural general meeting, and the above meeting was held.