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(영문) 서울중앙지방법원 2016.01.12 2015가단148297
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a retired B, and as a member of the C-Aid Association (hereinafter “Mutual Aid Association”), paid retirement benefits and full-time money trust benefits to the Mutual Aid Association.

B. On February 5, 2010, the Financial Supervisory Service received a petition that the Mutual-Aid Association received long-term mutual aid installment savings and cash consignment without obtaining permission from the competent administrative agency, and requested investigation to the Seoul Seongbuk Police Station around February 5, 2010.

C. The Seoul Seongbukbuk Police Station investigated the suspicion of violation of the Mutual Aid Association and its representative D’s Act on the Regulation of Conducting Fund-Raising Business without Permission (hereinafter “Act”), and the suspicion of violation of the Act on Registration of Credit Business and Protection of Finance Users (hereinafter “Credit Business Act”), and sent it to the Seoul Central District Prosecutors’ Office on May 18, 2010.

The public prosecutor in charge of the Seoul Central District Public Prosecutor's Office investigated the above suspicion, and then ordered the Mutual-Aid Association on September 2010 and its representative D to suspend indictment.

After that, on the basis of separate information in 2012, there was an investigation into the embezzlement, etc. of funds of the Mutual-Aid Association at the Suwon District Prosecutors' Office, and on September 12, 2012, the prosecutor charged the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (U.S. District Court 2012Gohap827), the representative D of the Mutual-Aid Association on September 26, 2012, the director F, the chief of office, G, the director I, the director J, and the chief of the division with respect to the violation of the Aggravated Punishment, etc. of Specific Economic Crimes

(U.S. District Court 2012Gohap901 Case). (e)

In Suwon District Court case 2012 Gohap827, Feb. 20, 2013, “E shall engage in the fund-raising of KRW 677,035,063,491 without delay from January 12, 200 to August 29, 2012, and embezzled KRW 56.15 billion for 220 times from January 8, 2001 to July 24, 201,” the term “E embezzled KRW 56.15,55 million of the Fund Mutual Aid Association” as criminal facts.

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