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(영문) 대구지방법원 2019.07.04 2019고정174

업무상횡령

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the president of the Victim E mountainous conference comprised of 40 regular members, such as B, C, and D, from January 1, 2017 to December 31, 2017, who has been engaged in the duties of payment, management, etc. of membership fees.

The rules of the E Mountain Association stipulate that the election of officers including the chairperson, appointment and dismissal of officers including the chairperson shall be made by the attendance of a majority of the incumbent members at the general meeting, the resolution of a majority of the members present, and the admission, withdrawal, expulsion, etc. of the members shall be made by the majority of the incumbent executives at the meeting of the executives.

The Defendant, from August 2017 to August 2017, when he unilaterally accompanied non-members by disregarding the intention of regular members and unilaterally accompanied them, caused disputes with regular members such as the above B, etc., and decided to recommend the Defendant by holding an extraordinary general meeting on October 14, 2017, and the Defendant demanded the return of membership fees kept and managed by the Defendant, but the Defendant refused to refund membership fees on the grounds of the defect in the convocation procedure of the said extraordinary general meeting.

Accordingly, around December 3, 2017, 30 regular members of the above B, etc. were to hold a general meeting of shareholders in 2017 at H cafeteria G G G G G G G G G G G G G G G G G G G G G G G G G G G G, and to elect C as the president, and filed a complaint against the defendant refusing to refund membership

On the other hand, on December 3, 2017, the Defendant held a general meeting separately from J Lestop in Daegu-gu I on December 3, 2017 and elected K as the president. However, the Defendant did not include three regular members, including L, K, and M, N, andO unilaterally subscribed by the Defendant in 2017.

The Defendant, as above, was duly elected by C, etc. at the ordinary meeting held by B, etc., but comprehensively taking account of the evidence duly adopted and examined by this court, an extraordinary general meeting held around October 14, 2017 is held by the Defendant, with the attendance of the majority of registered members and the consent of the majority of the members present.