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(영문) 수원지방법원 2014.02.12 2012고단6420
업무상횡령등
Text

Defendant

A Imprisonment for six months, each of the defendants B, C, D, and E shall be punished by a fine of 2,00,000 won.

Defendant

B, C, D, and E are above.

Reasons

Punishment of the crime

Defendant

B is a person working as the president of the H Association, and even if Defendant C, D, E, and A are not members of the I Association, on March 31, 2010, in the special meeting of the K, K, H, and L Union is appointed separately from the president of the K, K, H, and L Union.

On April 23, 2009, the Gyeonggi-do Si Corporation made a public announcement of the supply of N Living Countermeasures Site to those selected as the recipients of the supply of living countermeasures site in M (hereinafter referred to as "persons subject to livelihood countermeasures").

According to the above public notice, those who are selected and notified as being eligible for the supply of land for livelihood countermeasures shall autonomously organize an association in the form of an association of non-corporate entities, and if the representative receives the allocation of the parcel after filing an application for the purchase of the parcel, he/she shall pay the down payment equivalent to 10% of the land purchase price of the parcel allocated within a certain period and enter into a private contract with

However, the head of a cooperative, executive officers, and members of a cooperative shall be those subject to livelihood measures, and the representative of a cooperative shall not be represented by those who are not those subject to livelihood measures.

Accordingly, 40 persons subject to livelihood countermeasures including Defendant B established an O or P association around April 2009 and applied for the purchase of the parcel in Gyeonggi-do, but lost their rights because they failed to pay the down payment by October 15, 2009, which is the maturity date for the down payment.

In the process, although Defendant A, C, D, and E are not eligible for livelihood measures, they used the name of the president, etc. of the O or P union, and led the above procedures from the recruitment stage of members with R, S, etc., who are employees of Q company B and implemented companies.

Afterward, the Gyeonggi-do Si Corporation has lost the right to be supplied with the land for livelihood countermeasures due to non-contract or non-application on December 4, 2009.

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