Defendant

A shall be punished by imprisonment for three years, by imprisonment for two years and six months, by imprisonment for defendant B, by imprisonment for one year and six months, and by imprisonment for one year and six months.

Punishment of the crime

[2015 Gohap 23] [Attachment 23] Defendant B] The judgment became final and conclusive on June 2015, 2015, following the sentence of imprisonment with prison labor for one year for fraud and two years for suspended execution in the Goyang Branch of the District Court on June 12, 2015.

[Criminal Facts]

1. Defendant A is a person who was in office as a member of a victim’s agricultural cooperative (hereinafter “MF”) comprised of 1,250 members in Gohap-gun L from February 2012 to December 2014, Defendant A was in office as a former member of the victim’s agricultural cooperative (hereinafter “MF”).

M The Regulations on the Scope of Duties of Member Associations applicable to the Nonghyup ACF provides that a credit transaction shall not exceed 30 million won when it engages in credit transactions only with credit without collateral in the case of former affairs (the standard table). The Regulations on the Management of Economic Business Credit provide that “In order to deal with credit transactions, a comprehensive credit investigation is conducted against a debtor and a joint guarantor, such as financial status, loan, and overall financial transaction status, business status, and outlook (Article 11(1)). New credit transactions shall be conducted after acquiring human and physical collateral necessary for the conditions for setting the credit limit (Article 12(1)).”

Accordingly, the defendant, who was not the whole of the MAF, had a duty to conduct the business in accordance with the above provision, such as conducting credit investigations on the debtor and acquiring personal and physical security, if he/she conducts credit transactions in excess of 30 million won.

However, from July 1, 2013 to October 21, 2013, the Defendant supplied rice amounting to KRW 891,750,000 to N Co., Ltd. (hereinafter “N”) operated by B in violation of the aforementioned duty, but did not conduct a credit investigation with respect to N, thereby making it difficult for the victim to secure the price of rice purchase, thereby causing property damage equivalent to KRW 891,750,000 to the victim and obtaining pecuniary benefits equivalent to the amount of KRW 891,750,00 from the victim’s failure to obtain personal and physical security.

The defendant shall be the defendant.