logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.02.03 2016노688
농업협동조합법위반
Text

The judgment of the court below is reversed.

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

Reasons

1. The gist of the grounds for appeal is that the G business of this case is merely a simple sales contract, not an investment in other corporations, and the sales amount paid for the G business may be executed in excess of the general meeting or the board of directors’ resolution as a proportional budget.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. In the last sentence of the facts charged in this case, the prosecutor conducted capital reduction business with capital reduction of 1319 tons by Nonghyup, etc., which purchased KRW 973,00,000 at the market price of 1319 tons by E corporation, and filed an application for permission to amend the Bill of Amendment to Bill of Amendment with the purport that "it did not go through the resolution of the general meeting of the CF while performing capital reduction business with capital reduction of KRW 1319 tons by Nonghyup, etc., appointed through E corporation, and then purchased capital reduction of KRW 973,00,000 at the market price, and made investment in E corporation with capital reduction of KRW 973,000,000 at the market price, without going through the resolution of the general meeting of the CFF." Since this court was subject to the permission, the judgment of the court below becomes no longer maintained

3. Therefore, the court below's decision is reversed ex officio and it is again decided as follows, without examining the defendant's assertion of mistake as to the facts, as seen earlier. The court below's decision is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and the pleading is followed.

[Judgment to be used again]

1. The summary of the facts charged in the instant case is the Defendant who served as the president of the AFFC from February 10, 2010 to March 10, 2015.

The purpose of the project plan, the compilation of the revenue and expenditure budget, and the project plan and the revenue and expenditure budget, which are important matters prescribed by the articles of incorporation for other corporations, is to additionally compile a budget of at least 500 million won in total or to additionally compile a budget of at least 500 million won,

arrow