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(영문) 춘천지방법원 2012.12.11 2012고단113

사기등

Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around November 2007, the Defendant was appointed as the president of the CUnion, but on July 2, 2009, the resolution to dismiss the Defendant from the office of the president of the CUnion was passed at the meeting of the representative of the CUnion. Around October 5, 2010, the Suwon District Court filed a lawsuit for confirmation of the non-existence of the resolution of the representative general meeting of the Suwon District Court and proceeded with the procedure of the lawsuit. However, on October 5, 2010, the Military Saemaul Fund deposited KRW 91,766,108 as the principal deposit of the said association, on the ground that it refuses to receive the Defendant at the internal dispute of the union. On October 8, 2010, the Han Bank deposited KRW 91,057,810 as the principal deposit of the said association and deposited KRW 91,057,810 as the principal deposit of the said association with the said court.

Around February 10, 2011, the Defendant prepared a qualification-based private document on the deposit money of the Military Saemaul Depository: (a) held a board of directors meeting with F, G, H, and I as an agenda item for the appointment of a manager of the right to claim payment of deposit money (military Saemaul Savings Depository) at the office of the E, Inc., Ltd. located in Dong-gu, Young-gu, Gyeonggi-si, Gyeonggi-si, the Seoul Special Metropolitan City Council of Representatives; (b) made a resolution on the appointment of the manager of the right to claim payment of deposit money No. 2010, No. 4017 (Military Saemaul Savings Depository) using a computer located therein; and (c) made a resolution thereon by explaining the need for the appointment of the above representative (manager) with careful consideration; and (d) made a decision to elect the current representative (Defendant) as the manager of the right to claim payment of deposit money in accordance with the name of the board of directors; and (d) made a signature on the name of the above CF director, stating “IF director” and the above name of the Association.