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(영문) 의정부지방법원 2014.10.27 2014고단2223

업무상횡령등

Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of three thousand won,00,000 won.

provided that this judgment has become final and conclusive.

Reasons

Punishment of the crime

1. From January 19, 198 to February 28, 2014, Defendant A worked as the head of Tong (previous village) in Gyeonggi-si, the head of Tong (previous village) in Gyeonggi-si, and was in charge of delivery to administrative agencies, the promotion of convenience of local residents, the service of local residents, etc.

1) On October 26, 2012, the Defendant transferred KRW 10 million from B to the E Village Development Fund to G’s Agricultural Cooperative account (H), a village resident, to a village resident on December 21, 2012, and embezzled it for personal use after withdrawing it at that time. 2) On October 29, 2012, the Defendant received KRW 5 million from B as the expense for holding a briefing session for residents related to the construction of a veterinary farm held from J in Yangju-si on October 25, 2012, and appropriated the remainder of KRW 3 million for personal use.

B. The Defendant had a duty to faithfully gather the opinions of the residents in relation to the stock farms to be constructed in E at the Gyeonggi Yang-si, and to accurately communicate them to the competent authorities, thereby protecting the rights and interests of the residents.

Nevertheless, on October 29, 2012, the Defendant: (a) received an illegal solicitation from B to the effect that “it may not be allowed if there are many residents opposing the construction of a tree farm if there are many people; (b) the Defendant would give cash to KRW 5 million and KRW 12 million in return for obtaining permission; and (c) received KRW 5 million in cash from B at the same place on December 6, 2012.”

Accordingly, the defendant violates his duty as a person who administers another person's business and receives an illegal solicitation, and thereby, five million won.