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(영문) 대구지방법원 서부지원 2018.09.19 2017고단3113
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2017 Highest 3113"

1. The Defendant is the chief director of a victim B cooperative established for the purpose of passenger transport service, etc. (hereinafter “victim B cooperative”). The Defendant is a person in charge of raising investment funds, collecting new members’ subscriptions and contributions, and settling accounts of investment profits in relation to the cab business of the victim cooperative.

2. Specific criminal facts;

A. 1) A victim association operating outline of the association is operating passenger transport business in the name of the association by acquiring a license for passenger transport business held by another existing company (hereinafter “taxing license”), and the number plate of a vehicle that can be operated for business purpose (hereinafter “taxing number plate”) according to the number of shares invested by the association members belonging to the victim association, who own one or more number plates of a vehicle that can be operated for business purpose (hereinafter “taxing number plate”) will bring the remainder of taxi operating income excluding a certain amount of taxi commission, while operating their own taxi business, and the association is operating with a method of settling profits by bearing a certain amount of operating expenses.

2) A victim union was established on March 24, 2016 in the process of joining the cooperative. Since the status of a member was available for transfer, a person who wishes to become a new member of a victim union other than an existing member may join the cooperative by acquiring the status of an existing member, and may join the cooperative by acquiring the membership, and by acquiring the new member's qualification.

Of them, in the case of acquiring the status of an existing member (hereinafter “acquisition method by transfer”), it is merely a transaction between the transferor and the transferee of the status, and thus, the acquisition price by transfer is merely the acquisition price by transfer between the transferee and the transferee of the status, and it does not mean that the existing union acquires it.

On the other hand, new methods of acquiring membership (hereinafter referred to as "new membership") are applied.

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