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(영문) 창원지방법원 통영지원 2016.09.08 2015고단875
업무상횡령
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On February 24, 2010, the Defendant: (a) was elected as the president of the 18th cooperative of the victim D, who was in Tong Young-si, with overall control over the operation, management, disbursement, etc. of public funds of the cooperative; (b) while keeping the provisional payment of the cooperative for the said damaged cooperative, from July 10, 201 to December 12, 201, the 12 lines, including the Defendant, etc. (24) from among the lines affiliated with the said cooperative near the South-Namnam Sea E, the Defendant was subject to investigation into the violation of the Fisheries Act (violation of the prohibition area of operation); (c) on December 29, 2011, the Defendant arbitrarily consumed KRW 30 million for the sake of 10 legal persons including the Defendant; and (d) on August 21, 2012, Defendant 300,000 won including the Defendant’s fine of KRW 300,301,300,0000,000.

As a result, the Defendant arbitrarily disbursed 125,000,000 won in total of the property of the damaged association and embezzled it.

2. Determination

A. As a matter of principle, attorney fees that can be paid at the expense of an organization are limited to cases where the organization itself becomes a party to a lawsuit, the attorney fees for civil and criminal cases in which the representative of the organization becomes a party to the lawsuit cannot be disbursed at the expense of an organization. exceptional interests in disputes exist in an organization, but an individual who is in the status of the representative becomes a party

The legal dispute is closely related to the organization's work, such as the case where there is a dispute concerning the act of compulsory performance, etc. due to the fact that the organization as a representative or the act of legal representative is in the position of the representative.

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