2016 Highest 78 Violation of the Agricultural Cooperatives Act

A person shall be appointed.

Excursion ship (prosecution) and Zark (Trial)

Attorney B in charge of Law Firm C

March 31, 2016

Defendant shall be punished by a fine of KRW 2,00,00.

Defendant who has converted 100,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

The defendant is the president of the D Association.

The articles of association of the partnership shall provide loans or conduct transactions with the partnership on its own account or on the account of a third party.

(2) A loan for a credit business transaction in excess of 300 million won, where there is a financial burden of an association, such as commercial transactions

such execution must be made after approval of the board of directors.

Nevertheless, on February 28, 2013, the Defendant is at the office of the credit business division of the above union E located in Chuncheon-si.

Without the approval of the board of directors, "A", "debtor," "400,000,000," and "loan period" 2.0

28. Loan transactions between March 26, 2013 to March 26, 2013; 5.8% of interest; and ' full repayment at the expiration date of the loan term'.

The contract was entered into, and the amount of 400,000,000 won was loaned for self-transaction.

In addition, the Defendant committed an offense five times during the period between February 16, 2015 and around February 16, 2015.

Loans extended to Defendant 3, 140, 000, 000 won 1) in total with a debtor, such as sight table.

B. A transaction for extending the time limit without a resolution of the board of directors;

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of prosecution officials in Grade F and G;

1. Articles of association and a loan transaction agreement;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 171 subparag. 2 and Article 43(3)10 of the Agricultural Cooperatives Act, and selection of fines

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Article 70 of the former Criminal Act (Amended by Act No. 12575, May 14, 2014); Article 69(2) of the former Criminal Act

Attached Table 1 to 4), Articles 70(1) and 69(2) of the Criminal Act (attached Table 69(2)

No. 5)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The amount of one's own transactions without a resolution of the board of directors exceeds 3.1 billion won in total;

Some unfavorable circumstances, such as a large amount of occupation, etc., but the defendant seriously reflects his fault.

(2) The loan shall not be deemed to have been extended, or the loan shall be deemed to have been extended, as shown in the list of offenses.

the deposit or real estate of the value of the deposits or real estate held in this section was offered as security, and the actual loan was thereafter offered.

On February 27, 2015, immediately after the date of loan commencement, for all repayment 5 of the list of crimes in the holding.

The defendant has received the approval of the board of directors, and the defendant has no record of being punished for the same crime.

In addition to the records of punishment for violation of the Military Service Act 40 years ago, suspension of qualifications or more

the defendant's age, character and conduct, environment, and each of the crimes of this case, with no record of criminal punishment;

(1) The motive, means, and result of the commission of the crime, the circumstances after the commission of the crime, and other records and arguments of this case

The sentence shall be determined as per the order, taking into account all the circumstances requiring the foregoing sentencing. 2)

Judges Cho Jong-sung

1) At the time of [Attachment 2] No. 2, loans exceed KRW 300 million, or KRW 300 million upon the approval of the board of directors prescribed in the articles of incorporation.

credit business transaction means a mutual financial loan, policy loan, credit funds loan, the balance of credit payment (in the case of a credit loan, the agreed amount) and gold;

The sum of loans previously extended, such as the next support loan, shall be calculated (1, 140 pages) and the Defendant shall at the time of April 1, 2013.

Since there is a existing existence, it is also necessary to obtain the approval of the board of directors.

2) On the trial date, the prosecutor made a statement of sentencing that seeks to impose a fine of KRW 700,000 on the Defendant.

A person shall be appointed.