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(영문) 광주지방법원 순천지원 2016.01.06 2014고단1256 (1)
농업협동조합법위반
Text

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the head of the G Agricultural Cooperative located in net City from March 10, 2010 to September 1, 2013 (hereinafter referred to as “G Nonghyup”), who has overall control over the affairs of the Cooperative. Defendant B is a person who has overall control over the affairs of the rice processing site from May 1, 2003 to August 23, 2013 as the former head of the said Cooperative.

1. Defendant A’s violation of the Agricultural Cooperative Act - Pursuant to Article 35 of the Agricultural Cooperative Act and Article 37(1)8(a) of the G Nonghyup’s Articles of Incorporation, the establishment of a business plan and the compilation of a revenue and expenditure budget relating to the business plan in 2010 should undergo a resolution of a general meeting.

G Nonghyup had not compiled the budget for the sales business of vegetable vegetable vegetable vegetable 2010 with the resolution of the general meeting around the end of 2009.

Nevertheless, Defendant A spent KRW 2,676,824,00,000 for the purchase price of the vegetables while running a sales business of the vegetables from July 6, 2010 to December 27, 2010.

As a result, Defendant A executed the budget without going through a resolution of the general meeting.

2. According to Article 35 of the Agricultural Cooperative Act and Article 37(1)8(a) of the G Nonghyup’s Articles of Incorporation, the Defendants’ additional compilation of the budget for expenditures incurred due to the reasons that occurred after the determination of the budget for revenues and expenditures should undergo a resolution of the general meeting.

A. GFFF related to the business plan and the budget of the year 201 and the budget related to the revenue and expenditure were compiled with a budget of KRW 2,400,00,000 for the sales business of the vegetables at the time of establishing “2011 business plan and the budget of the revenue and expenditure” following the resolution of the General Assembly at the end of the year 2010.

Nevertheless, the Defendants conspired with the Defendants to conduct a sales business of collection and collection from January 10, 201 to December 30, 201, with a budget of KRW 2,400,000 to KRW 205,85,000, which was compiled as the purchase price of collection and collection without a resolution of the general meeting.

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