The meaning of "when the Cooperative has caused losses"

In Article 173 of the Agricultural Cooperatives Act, when an executive officer of a so-called cooperative incurs a loss to the cooperative by using funds for purposes other than business purposes, it is not possible to cause the loss by using funds for purposes other than business purposes, and it is necessary to determine whether a cooperative suffers a loss by comprehensively considering the entire assets and various projects

Article 173 of the Agricultural Cooperatives Act

Defendant

Prosecutor

Busan District Court Decision 79No1642 delivered on October 15, 1979

The appeal is dismissed.

If the defendant, as the president of the Seocho-gu cooperative, borrowed a business fund in accordance with a resolution of the former president in order to settle the deficit inflicted on the cooperative, and repaid the above amount of loss to the union after appropriating the above amount of loss, it shall be reasonable to view that the act does not constitute a case where an officer of the union causes a loss to the union by using the fund in addition to the purpose of business.

In this paper, in addition to the purpose of business, the use of the fund itself should be deemed as the damage under the above Article, but the existence of damage to the association shall be determined by comprehensively considering the assets of the association as a whole, various projects, etc., and as long as the defendant has appropriated the losses already incurred by the association as other business funds and has taken measures to compensate for the useful money, it cannot be said that there is any damage

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yang Byung-ho (Presiding Justice)