업무상횡령등
1. The Defendants shall be punished by imprisonment for six months.
However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.
Punishment of the crime
Defendant
A around April 5, 2012, a member was elected as the chairperson of the G fishing village fraternity and was elected as the head of the G fishing village fraternity on behalf of the head of the G fishing village fraternity on May 16, 2012. However, on November 9, 2012, a member was subject to the Daejeon District Court's decision to suspend the performance of duties by reason of the status as the head of the fishing village fraternity and served as the chairperson of the emergency countermeasures committee to the extent that the performance of duties by reason of the status as the head of the fishing village fraternity has been suspended and that the performance of duties by reason of the status as the head of the fishing village fraternity has not been changed.
Defendant
B is a person who served as an executive secretary to assist Defendant A’s work in the G fishing village fraternity from May 17, 2012 to June 30, 2013.
The Defendants were working as the chairperson and executive secretary of the G Fishing Village Emergency Countermeasure Committee, and were in custody of the G fishing village fraternity offices, keys, and accounting books, etc. in Chungcheongnam-gu, Chungcheongnam-do. On July 22, 2013, the victim AG was newly elected as the head of the G fishing village fraternity and received a request from the victim to the transfer and takeover of the said G fishing village fraternity offices, keys, and accounting books, etc. over several occasions from July 24, 2013 to August 9, 2013, the Defendants obstructed the victim’s operation of G fishing village fraternity by force by refusing the said request without justifiable grounds and allowing the victim to have access to the fishing village fraternity office.
As a result, the Defendants conspired to interfere with the victim's work.
Summary of Evidence
1. Legal statement of the witness AG;
1. The prosecutor's interrogation protocol against the Defendants
1. Each police statement made to AG;
1. Each police statement of the K and AZ;
1. Settlement of accounts in 2012;
1. Application of the provisions of statutes governing the permission to convene an extraordinary general meeting of 2013 non-conforming5 and the minutes of an extraordinary general meeting of 2013;
1. Relevant Articles 314(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;
1. The Defendants have long been on the grounds of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing).