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(영문) 대전지방법원 서산지원 2019.03.27 2018고합38
특정경제범죄가중처벌등에관한법률위반(배임)
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

To the extent that the Defendants’ exercise of their defense rights is not substantially hindered, the facts charged were partially revised ex officio without any changes in indictment.

Defendant

A is a director of the economic business division who has been in charge of an agricultural product sales general affairs as a director of the economic business division in around 2017 while working in the victim C Association from November 1, 1996 (hereinafter referred to as the “victim Cooperative”). Defendant B is a person who operated the “F” in the name of his spouse E from around 2014 to Seosan City.

Defendant

On January 13, 2017, A entered into a credit transaction agreement with Defendant B to supply rice as credit between Defendant B on behalf of the victim association. Article 3 of the above credit transaction agreement provides that the credit transaction amount limit shall be KRW 117,00,000. Article 7 (1) provides that the credit payment amount must be settled within the credit period.

Article 6 (1) of Section 2 of Section 1 of Section 2 of Section 1 of Section 2 of Section 1 of the Regulation on Business Credit of the Victims' Economic Credit Union shall be fully recovered, and in order to do so, claims preservation measures, such as credit sales claims, shall be taken on the debtor clearly.Article 15 (1) 2 of Section 1 of the same Regulation provides that when it is intended to increase the credit limit, it is necessary to increase the credit limit by receiving documents necessary for the preservation of claims such as a contract (contract) and a separate security contract or a letter of credit guarantee.

Defendant

A as a person in charge of credit transaction, when supplying rice to Defendant B as credit pursuant to the above agreement and the relevant provisions, A shall comply with the above credit transaction limit, and if he/she intends to supply rice exceeding the credit transaction limit, he/she shall prepare a separate contract with Defendant B and take appropriate measures for recovery of claims, such as receiving separate collateral from Defendant B, and then rice shall be treated as credit.

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