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(영문) 인천지방법원 2018.10.12 2017고정2144

업무상횡령등

Text

Defendant shall be punished by a fine of 4.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant served as the head of the residents’ meeting from Do to Dopo-gun, Incheon Cheongjin-gun to Naman on December 2, 2014. The Defendant served as the head of the community from January 1, 2015 to December 31, 2016.

1. Around April 1, 2015, the Defendant forcedd the victim E (63 tax) transferred from another area (63) to the victim E (63 years of village development fund without recognizing it as D residents and preventing the gathering of forest products and dissolved products produced in D without recognizing it as D residents, and not giving a sand value distributed to village residents, etc., and threatened the victim E (63 years of village development fund) with the same threat as being at a disadvantage without paying the village development fund.

However, the above "village Development Fund" is stipulated in the "D Residents' Association Rules" created by the "D Residents' Association, and there is only the authority to collect money from the head of the residents' association representing the "D Residents' Association", so there was no authority to collect money from the defendant who was disqualified for the head of the residents' association since the police officer around December 2014. In addition, the above "D Residents' Association Rules" was made on December 2014 by the police officer inside the "D Residents' Association" until the defendant reaches the chairperson's meeting, and there was no basis to request money under the so-called so-called "village Development Fund".

As such, the Defendant threatened the victim E and received three million won from the victim E “village Development Fund” on April 1, 2015, and had the victim E perform an act for which he/she is not obligated to do.

In addition, the Defendant received from around that time to June 7, 2016, a sum of nine million won from four victims over four times as set out in the table of crime Nos. 1 to 4 of the annexed Table of Crimes (Provided, That in the case of intimidation to prevent the victim from being exposed to job creation for the elderly, etc., the part of intimidation to prevent the victim’s mother from being exposed to job creation shall be deleted). The Defendant is obligated to four victims.