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(영문) 춘천지방법원 강릉지원 2016.07.13 2015고단123
업무상배임등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of KRW 10 million.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A The president of the Victim G G Fisheries Cooperatives (hereinafter referred to as “victim”) in the East Sea F, Defendant B’s executive director, and H (Suspension of Prosecution on the same day)’s suspension of indictment are those engaged in loan management affairs, such as sales advance payment, as the head of the above water consultation sales division and the J (Suspension of Prosecution on the same day).

Meanwhile, according to the provision on advance payment of fisheries products with agreed number of victims, a certain portion of the estimated amount of shipment or estimated amount of sale of quantity in storage should be loaned to the members to promote shipment of fishery products or secure a timely quantity, and the funds exceeding average 80% of the total amount of catch during the last three years should not be loaned as advance payment for sale.

The Defendants, in collusion with H, I, and J on January 14, 2013, despite their occupational duties to comply with the provision on advance payment of the victim’s fisheries products, in violation of their duties, and even if Defendant A, the president of the Cooperatives, was aware that he would not use the loan for the purpose of advance payment of the fishery products, he would not use the loan for the purpose of advance payment of the victim’s fisheries products. From around that time to January 3, 2014, the Defendants were aware that he would not use the loan for the purpose of advance payment of the fishery products. From around 36 times to January 3, 2014, the Defendants would borrow KRW 1,03,60,000 in total, in violation of the provision on advance payment of the fishery products in the attached Table 1,000, 200,0000 in total, 200,0000,0000 in total,000,000 in total,000,000,000.

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