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(영문) 광주지방법원 2017.06.30 2016고합316
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The Defendants are not guilty. The summary of the judgment is publicly announced.

Reasons

1. Defendant A, from March 5, 2010 to March 20, 2015, worked as the head of the association of H Agricultural Cooperatives in South Korea (hereinafter “HF”) and has overall control over the affairs of the association. Defendant A, from September 27, 2007 to September 2007, worked as the managing director of the said association and managed all the business and affairs of the association. Defendant C, from February 6, 2007 to March 2015, worked as the managing director of the said association and managed the distribution, purchase, and sale of agricultural products. Defendant B, from March 3, 2011 to March 3, 2013, was in charge of purchase and sale of agricultural products by the head of the sales division of the said association from March 201 to March 3, 2013, Defendant D purchased and sold the said agricultural products from around March 2013 to March 3, 2014.

A. Defendant A, E, C, B (1) ), D (2), and D (3) 4)’s agricultural cooperative law violation 1) 2013 business plan and branch budget 2013 - Defendant A, who paid the I00 shares of the limited company A, Defendant E, and C, an executive employee of HFF, and Defendant B, together with Defendant B, intended to purchase agricultural products under the responsibility of the partnership and sell them in other places and pay profits therefrom.

Accordingly, Defendant B contacted with a working-level of a limited company I (hereinafter “I”) and a J Agricultural Cooperative (hereinafter “JF”), and the rest of the Defendants, after receiving a report on the plan, purchased lebs from I and purchased lebs from I and then sold them to JFF.

However, matters concerning the establishment of a business plan and the compilation of revenue and expenditure budgets of agricultural cooperatives shall undergo a resolution by the general meeting of the cooperative. H NowC did not make a resolution on the formulation of a budget for sales business in 2013 at the Hamannman's general meeting.

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