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(영문) 의정부지방법원 2018.01.09 2017노2465

소비자생활협동조합법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The court below found the prosecutor's appeal not guilty of the facts charged in this case of violation of the Consumer Living Cooperative Act on the ground that the "D Consumer Living Cooperative" was authorized to establish by unlawful means in violation of the Consumer Living Cooperative Act and completed the registration of establishment in violation of the Consumer Living Cooperative Act. It erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. The summary of the facts charged in the instant case is the person who served as the president of the Korea Consumer Cooperative (hereinafter “D Consumer Cooperative”) on the south-gu C and the second floor of the Republic of Korea from January 3, 2014 to October 6, 2015.

No executive, employee, or liquidator of a cooperative shall use the funds of the cooperative, or dispose of or use the assets thereof for any purpose other than its business objectives.

Nevertheless, on August 28, 2015, the Defendant: (a) concluded a lease agreement with F to receive KRW 30,000,000,000 for premiums, including medical equipment; (b) paid KRW 100,000,000 for premiums from the said BF; (c) KRW 30,000,000 for premiums on August 28, 2015; and (d) paid KRW 30,00,000 for obligations from the said BF on September 15, 2015; and (b) received money from the private partnership at the time of December 30, 20,000; (c) KRW 15,00,000 for KRW 10,000 for each of the instant loans; and (d) received money from the private partnership at the same time without any reasonable amount of KRW 30,000 for each of the instant loans. < Amended by Presidential Decree No. 170300, Feb. 15, 2016>

3. The lower court’s determination: ① the Defendant and G paid the full amount of the Defendant’s contribution, ① the amount of KRW 3.5 million for directors H, the amount of KRW 3.5 million for directors J, the amount of KRW 3.5 million for directors K, the amount of KRW 4 million for directors L, the amount of KRW 4 million for directors M, the amount of KRW 3 million for directors M, the amount of KRW 3 million for auditors, and the amount of KRW 1.5 million for auditors.