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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The facts charged in this case
A. The Defendant was the representative director of the D&C corporation in Changwon-si, Changwon-si from June 16, 2005 to March 5, 2012.
D. Until April 29, 2010, a partnership corporation provides that its members were composed of only the family members of the defendant and the defendant, and there was no other business conducted at the corporate level, and that a person determined by the articles of association of the corporation under the Act on Fostering and Supporting Agricultural and Fisheries Enterprises shall be the members of the association. According to the articles of association of the above corporation, in order to become a partner, at least 100 units (10,000 won per unit) shall be invested in order to become a partner. Thus, even though it can be a partner only if it meets the above requirements, it is intended to acquire and acquire the membership fees and membership fees from village residents, such as E, under the pretext of joining the association and allocating
From May 2010 to December 201, the Defendant made a false statement to the victim F, etc. who is a community resident at the D Association's office located in Changwon-si, Changwon-si, Changwon-si, that the Defendant would subscribe to the D Association's membership fee of KRW 120,000 and KRW 5,000 per month of membership fee to distribute profits through the corporation's business.
However, even if the victims paid subscription fees, it is impossible to obtain membership fees in accordance with the above law and the articles of incorporation, and the above corporation did not have an intention or ability to assign the victims' status as members or to distribute the profit of the corporation's business because no business has been conducted.
Nevertheless, as above, the Defendant, by deceiving the victims as above, received KRW 7,80,000 from 65 persons such as the victim F, etc. for membership fees (i.e., KRW 120,000 x 65 x), and acquired KRW 4,030,00 for monthly membership fees from 78 persons such as the victim G, etc. (i.e., KRW 10,000 x 403 x 403 x 403 x 11,830).
(b) occupational embezzlement 1.