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(영문) 수원지방법원 2019.06.25 2019고정435
공익법인의설립ㆍ운영에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On April 10, 2015, the Defendant was sentenced to two years of suspension of the execution of imprisonment for fraud, etc. at the Seoul Central District Court on August 23, 2015, and the said judgment became final and conclusive on December 23, 2015.

【Criminal Facts】

The defendant is a non-profit public corporation C director who is under the control and supervision of B, and operates the above corporation.

In order to borrow an amount equivalent to or more than 5/100 of the amount obtained by deducting the total amount of liabilities from the basic property at the time of borrowing from the basic property, the competent authority shall obtain permission.

Nevertheless, the Defendant borrowed KRW 150,000,000 in the name of the said corporation from D Association in the Masung city around September 8, 2015 without obtaining permission from the competent authority for a three-year period.

Summary of Evidence

1. Defendant's legal statement;

1. Each request for investigation;

1. Copies of all the registered matters issued by the Supreme Court;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the relationship between latter concurrent crimes);

1. Article 19(1) and Article 11(3) of the Act on the Establishment and Operation of Public-Service Corporations and the former Act on the Establishment and Operation of Public-Service Corporations (Amended by Act No. 14171, May 29, 2016); the selection of fines for criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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