Kim Namhee's conviction: what has gone on behind the scenes - KBS
Choi Yoo Kyung Input 2020.02.29
The spread of Corona 19 is attracting public attention. As nearly half of the confirmed cases are related to the Sincheonji Church in Daegu, each local government is conducting a full survey of Sincheonji church members. Not long ago, there was a fierce battle over Shincheonji in court. Kim Nam-hee, the so-called "second-in-command of Shincheonji," was put on trial for allegedly embezzling 1.4 billion won from her company and establishing a training center and a museum in Shincheonji. As Kim dropped her appeal to the Supreme Court on the 29th of last month, she was sentenced to two years in prison wiyh three years of probation.
The case's ruling clearly reveals that the "broadcasting and production company" run by Kim Nam-hee was actually created for the religious activities of Sincheonji. Let's take a closer look at what happened to this company that no one can join.
※The salary received is donated to the company...Complete 'Confirmation Vow' before joining the company
It was Lee Man-hee, the leader of Sincheonji, who appointed the company's employees. Of course, all the employees were members of Shincheonji. According to the ruling, all the staff members wrote the following 'Confirmation Vow' and submitted it to the Shincheonji Church before joining the company. All of the company's assets are the assets of Shincheonji, and it is a vow to fulfill their responsibilities through voluntary dedication.
※(Picture) Confirmation Vow before Joining
I swear to God the following and solemnly swear that I will take personal and legal responsibilities if I violate this.
I swear to confirm that the company is a broadcasting company of Sincheonji.I swear to God that all of the company's assets are the assets of Shincheonji.As a volunteer of Shincheonji, I pledge to fulfill my responsibilities for the voluntary fulfillment of the kingdom of God and voluntary participation and dedication.I swear that I will not tell or divulge any documents and security detail related to the company to anyone and will not challenge any legal liability raised by Shincheonji if I violate them.
The company was run with the contributions and the donations of Sincheonji believers. In addition, the employees did not receive a salary from the company, or even if they did, returned it to the company in the form of a donation. In fact, they were working in the form of "free service."
The CEO of the company, Kim Nam-hee, was no exception. She didn't get paid, even if they set up a formal salary due to tax problems. Also, the believers' donations , were first deposited in Kim's account and then transferred to the company's account as a temporary receivable account for the CEO.
According to the ruling, most of the company's money was used for Shincheonji. Kim took 100 million and 400 million won from the bank account of the company to build the Shincheonji History Museum and the Shincheonji Training Center. In addition, she also paid personal debts and taxes. She was indicted on charge of embezzling 1.4 billion won on 14 occasions.
"This company is operated for Shincheonji's missionary work and with the support of Sincheonji," Kim said. "The coverage of the Sinchonji Training Center and museum construction expenses is in line with the company's interests and the business purposes." She also explained that because she had a temporary receivable bond with the company, it was only reimbursed or borrowed money as part of the CEO’s temporary payment.
※Shincheonji Training Center and Museum with company money? Shincheonji’s No. 2, Kim Nam-hee, guilty of embezzlement.
The Seoul Central District Court, which was in charge of the first trial, refused to accept Kim's claim. The court judged that when Kim withdrew and used the money, she did not go through due process such as board resolution, and that it could not be seen as reimbursement of the temporary receivable bond or temporary payment.
He then pointed out that since Shincheonji and the company are separate independent corporations, the company that mainly produce broadcasting programs cannot benefit from the construction of Shincheonji training centers and museums. Just because Sinchonji and the company have a special relationship, they shouldn't bring company money to a place that doesn't fit the purpose of the business.
He also pointed out that Lee Man-hee, the principal of the real estate registry, and Kim Nam-hee, the second-in-command, each own half of the shares, and that the museum is wholly owned by Kim. The Criminal Affairs Department 11 of the Seoul High Court, which was in charge of the appeal, made the same judgment. The court said, "Kim proceeded with (the construction of) the Shincheonji Training Center and the History Museum in order to donate her personal property as a Shincheonji believer," adding, "But when it became too much to handle with Kim's assets alone, she withdrew and used the company's funds."
The court said that Shincheonji believers and employees thought that the building project was still being carried out on Kim's personal assets. In the end, Kim was sentenced to two years in prison with a three years suspension. This is not the end of the trials involving Shincheonji. The case of Shincheonji's previous lawsuit agaist Kim Nam-hee about the confirmation of the shareholder rights and the change of the shareholder name, the invalidation of the shareholders' meeting decision and the dismissal of directors and auditors, was ruled in favor of the plaintiff in the first trial in November last year. Thank to this, Shincheonji's leader Lee Man-hee will be able to get back the shares of the company that had been entrusted to Mrs. Kim, but Kim's appeal will take place on April 7.
Original article: https://news.v.daum.net/v/20200229070551746
