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(영문) 서울서부지방법원 2014.02.05 2013고단2625

업무상배임

Text

Defendant

A Imprisonment of one year and six months, Defendant B of a fine of KRW 20,000,00, Defendant C of a year and six months, and Defendant C of a year and six months.

Reasons

Punishment of the crime

Defendant A is the general manager of the certification of eco-friendly agricultural products of Q Q who served as the president of Q Gun and the RR council from January 10, 2011.

Defendant

B is a working-level person in charge of eco-friendly agricultural products certification work who worked as a leader of Q-friendly agriculture and environment-friendly agriculture until December 31, 2012.

Defendant

C around March 27, 2012, upon designation by the Director of the National Agricultural Products Quality Management Service as an accrediting agency for environment-friendly agricultural products, C is the representative director of the S Agricultural Cooperative (hereinafter referred to as “S”) who is an environment-friendly certification agency that carries out affairs that can certify the fact of environment-friendly agricultural products for fostering environment-friendly agriculture and protecting consumers as delegated by the State.

Defendant

D around March 27, 2012, it is the representative director of the "T Agricultural Cooperative" (hereinafter referred to as the "T") which is an environment-friendly certification agency that conducts affairs that can certify eco-friendly agricultural products with the aim of fostering eco-friendly agriculture and protecting consumers by being designated by the head of the National Agricultural Products Quality Management Service as an accrediting agency for eco-friendly agricultural products.

【Criminal Facts】

Defendant

A and B are in charge of the execution and settlement of project costs, such as "certification of eco-friendly agricultural products" in accordance with U's policies for certification of eco-friendly agricultural products.

This project is a project for preserving fees for obtaining certification of eco-friendly agricultural products, and the cost of purchasing eco-friendly feed seeds, etc., only after the relevant farmer has obtained certification of eco-friendly agricultural products through legitimate procedures.

Therefore, where a farmer who applied for certification of environment-friendly agricultural products intends to obtain a subsidy for project expenses, such as certification fees for environment-friendly agricultural products, the defendant A and B, the person in charge of the above business, prepared relevant data such as farming land, etc., and details and sales of all agricultural products cultivated by the applicant farmer, and the last one year.