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(영문) 광주지방법원 목포지원 2014.07.03 2014고단360

업무상배임

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of five million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A works as the president of the FF Fisheries Cooperatives from September 15, 2010 to the head of the FF Fisheries Cooperatives (hereinafter referred to as the “FF Fisheries Cooperatives”), while exercising overall control over the FF fisheries cooperatives. Defendant B works as the standing director of the FFFF Cooperatives from May 3, 201, and takes overall charge of the FFFFF credit affairs and the affairs of assisting the president of the Cooperatives.

1. According to the Rules on the Remuneration and Compensation for Actual Expenses of Defendant AF-related Officers and the Rules on the Compensation for Actual Expenses, there is no provision that a special bonus shall be paid to an officer (the president of the association and the standing director).

Nevertheless, on December 31, 2010, the Defendant paid KRW 8,800,000 as a special bonus to the Defendant’s interest through the F Acceptance Cooperative, in violation of the occupational duty to comply with the F Water Cooperative Regulations for Executive Officers’ Remuneration and Compensation for Actual Expenses, in order to promote the interest of the Defendant.

As a result, the defendant, who is the head of the FF fisheries cooperative, obtained pecuniary benefits equivalent to 8,800,000 won from the defendant, who is the head of the FF fisheries cooperative, and suffered loss equivalent to the amount of FF fisheries cooperative

2. Defendant A and B

A. On December 21, 201, the Defendants conspired to pay KRW 13,200,000 for Defendant A’s special bonus and KRW 12,600,000 for Defendant B’s special bonus in order to promote the interests of the Defendants in violation of their occupational duties, such as Paragraph 1, at the F fisheries cooperative located in G, as in paragraph 1.

As a result, the Defendants obtained property benefits equivalent to 25,800,000 won from the Defendants, who are FF fisheries cooperatives officers, and suffered damages equivalent to the same amount of FF fisheries cooperatives.

B. On December 28, 2012, the Defendants conspired to pay KRW 10,00,000 for Defendant A’s special bonus and KRW 9,600,000 for Defendant B’s special bonus in order to promote the interests of the Defendants in violation of their occupational duties, such as Paragraph 1, in the F Water Cooperative located in G.

As a result, the Defendants’ property amounting to KRW 19,600,000 to the Defendants, an executive officer of the FIN.