208 Highest 3506 Occupational Breach of Trust

A

Q1

Attorney Q2 (National Ship)

July 22, 2008

A defendant shall be punished by imprisonment for one year. 32 days of detention before the sentence is rendered shall be included in the above sentence: Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

From November 2001 to January 24, 2008, the Defendant served as the 18th and 19th president of the Busan Metropolitan Council of the Association, which was an incorporated association (hereinafter referred to as the “Association”), and was engaged in the management of the profits, such as membership fees, etc. of the members of the Association.

According to the articles of association of the Association, the property of the Association shall be managed under the responsibility of the president, the funds shall be deposited in financial institutions, and the funds shall be operated separately with the approval of the board of directors.

1. The Defendant assumed office as the 18th president of the Association, and received loans of KRW 73,000,000,000 from the Defendant’s National Agricultural Cooperative’s name, which was deposited as the establishment fund of the Association in the NAC around May 30, 2002 from the point of the NAC located in Busan, Busan, for each of the following reasons: (a) the Defendant took office as the 18th president of the Association; and (b) the Defendant voluntarily used the NAF’s deposits in financial institutions under the name of the Defendant; and (c) around May 30, 200.

Accordingly, the Defendant acquired property benefits equivalent to KRW 100,000,000 from the above loans, and suffered damages equivalent to the same amount as the above Association.

2. Around August 12, 2005, the Defendant offered as security 45,000,000 won Habbbb Savings Mutual Aid Insurance Co., Ltd. in the name of the Defendant, which was deposited as the Si Center Construction Fund at the branch of the said NAC branch, and used at will by the Defendant. Accordingly, the Defendant acquired the above loans worth KRW 4,00,000,000, and suffered damages equivalent to the same amount of the said Association.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 356 and 355(2) of each Criminal Code (Appointment of Imprisonment with prison labor);

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Calculation of days of detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Consideration of circumstances, etc. in which the defendant agreed with the victim and was the first offender and against the victim)

Judges Draftment Rate