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(영문) 인천지방법원 2011.02.17 2010고합807
특정경제범죄가중처벌등에관한법률위반(횡령) 등
Text

Defendant

A Imprisonment with prison labor for three years, for one year and six months, and for two years, for Defendant C, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

On June 17, 2010, A was sentenced to two years of suspension of the execution of 8 months of imprisonment by the Incheon District Court for the crime of taking property in breach of trust, and the judgment was finalized on November 16, 2010. On June 17, 2010, Defendant C was sentenced to two years of suspension of the execution of 8 months of imprisonment by the Incheon District Court for taking property in breach of trust and became final and conclusive on the 24th of the same month.

1. Defendant A, who committed the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) of the Defendants, was in office as the president of the G Union from January 1, 2008 to the president of the association (hereinafter “association”). Defendant B, from January 1, 2005, was in charge of overall affairs of the association and finally approved the budget execution of the association. Defendant B, while working as the managing director of the association from January 1, 2005 to the end of September 201, was in charge of overall administration of the budget execution. Defendant C planned and promoted the association’s business according to the direction of the president of the association while serving as the head of

Defendant

A presented the agenda item for approval of the second gas charging business to the General Assembly on December 4, 2009, but rejected 10 votes, 7 marks, 12 marks, and 2 marks for the 24 representatives present at the General Assembly on February 9, 2010, which was again presented to the General Assembly on February 9, 2010, but did not vote in opposition of representatives. On May 27, 2010, A again presented three-lanes at the General Assembly on May 27, 2010, but was rejected again as 21 representatives present, 7 marks, 6 marks, and 8 marks for the invalidation.

In addition, according to the articles of association, approval of a business plan shall be subject to the resolution of the general meeting of representatives, and the representative general meeting shall pass the resolution with the consent of the majority of representatives present and the majority of the number present. Since the second gas filling business was rejected in three times at the representative general meeting with the approval authority as above, Defendant A, the president of the partnership, did not have the authority to execute the association's budget for the second gas filling business

Nevertheless, on November 2009, the Defendants entered into a provisional agreement with the International Electrical Facility Operator J in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and on May 2010.

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