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(영문) 광주지방법원 2017.04.27 2016가합54003
회계장부 등 열람 및 등사청구
Text

1. The Defendant B Religious Organization C church shall have the books and records listed in the attached Table 1 attached hereto to the Plaintiff (Appointed Party) and the Selection G.

Reasons

1. Basic facts

A. Defendant B religious organization C church (hereinafter “Defendant C church”) is a church belonging to the religious organization B, and the Plaintiff and the designated parties G are the members of the Defendant C church.

Defendant D is the member of the church and the head of the church of Defendant C from January 2002 to September 201, 2002. Defendant E is the executive secretary of Defendant C church from February 2001 to September 2013, and Defendant F is the executive secretary of Defendant C church from December 201 to December 2013.

B. On November 27, 2014, Defendant E was convicted of the crime that “Defendant E embezzled totaling KRW 374,294,525 of the funds deposited in the account of the Defendant C church from January 11, 2008 to April 12, 2013 by means of account transfer or cash withdrawal,” and was sentenced to a two-year suspension of execution of one-year imprisonment (this Court Decision 2014Da3995), and the said criminal judgment became final and conclusive around that time.

C. (1) On September 8, 2015, the trial division of the Assembly of Religious Organizations B constituted an investigation committee to investigate the financial accidents of the Defendant C church, and requested the HP Accounting Office to conduct the financial audit of the Defendant C church.

(2) From October 18, 2015 to November 11, 2015, the HP Accounting Office conducted a survey on the accounting documents of the Defendant C church and submitted the first financial audit report on November 1, 2015, and the second financial audit report on January 15, 2016 to the trial authority of the B Religious Organization. The report includes the omission of the book revenue, the omission of the receipt of the disbursement resolution, the absence of related receipts and cash account transfers, and the uncertainty of the details of scholarship payment.

(1) On August 2, 2016, the trial court of the Assembly of Religious Organizations B sentenced Defendant D to one year of non-discharge on the ground of the violation of Article 3 of the Constitution of the Assembly of Religious Organizations B, Article 3.

(2) On November 17, 2016, Defendant D received a provisional disposition order that suspends the effect of the above judgment of the Trial State of the B Religious Organization General Assembly at the Seoul Central District Court (Seoul Central District Court 2016Kahap81077). Defendant D filed an objection against the above provisional disposition order by the B Religious Organization General Assembly, but February 2017.

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