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(영문) 부산지방법원 동부지원 2016.09.23 2015고합220
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is from February 17, 1998 to February 16, 2010, the Defendant, as the president of the Ear Union located in the Busan District captain-gun D (hereinafter “Ear Union”), was in charge of the operation of the union. From March 2005, the Defendant was in charge of the office of the president of the F organization (hereinafter “F organization”).

E fisheries cooperatives were subjected to support of 17.8 billion won by entering into a contract with the Korea Coast Guard on March 29, 2003, when they were faced with the dissolution crisis due to capital erosion due to financial difficulties. At the time of the MOU contract, for the normalization of the EM, the association head was unable to use the corporate card that used the amount of 20 million won per year as activity expenses as part of the reduction of place of business, reduction of personnel, and reduction of business management expenses, and the association head was unable to spend the corporate card that used the amount of 20 million won per year as activity expenses, travel expenses of directors, etc.

On March 2005, when the defendant was in office as the head of the Suhyup Group, he deducted the amount agreed upon on March 1, 2005 in the form of provisional payment to F organizations with the chairperson.

From May 18, 2005 to February 19, 2010, five times in total (one time from May 18, 2005; the second time from September 2, 2006; the second time from February 23, 2007; the second time from February 22, 2008; the fifth time from February 22, 2008; and the fifth time from February 19, 201) the board of directors for consultation with E was convened.

In collusion with G, H, I, J, K, K, L, M, N,O, P, etc., the head of a cooperative, while keeping the victim E-consultations, the Defendant embezzled an amount equivalent to the same amount from the victim E-cooperative by arbitrarily lending a total of KRW 53,80,000 from May 23, 2005 to February 26, 2010, in collusion with and without any security or guarantee, a total of KRW 113,80,000,000 from the E-cooperative office, as stated in the list of crimes in the attached crime.

2. Summary of the defendant and his defense counsel

A. According to the provisions of Article 47 of the Fisheries Cooperatives Act (amended by Act No. 10245, Apr. 12, 2010; hereinafter “the Suhyup Act”), the head of a fisheries cooperative shall represent and execute fisheries cooperatives by district, but the head of a fisheries cooperative shall represent and implement its duties.

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