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(영문) 광주지방법원 해남지원 2016.11.10 2016고단392

업무상횡령등

Text

A fine of KRW 4,00,000 shall be imposed on the first offense of KRW 1,00,000 as to the Defendant’s judgment, and a fine of KRW 4,00,000 shall be imposed on the second and third crimes in its holding.

Reasons

Punishment of the crime

From January 1, 2015, the Defendant served as a public official in charge of the welfare of residents of the Jindo-gun and D, and was in charge of the management of government water supply materials, etc. in relation to the construction of order order F for Jindo-gun E in Jindo-gun.

G worked as a field agent for H-type Corporation, a F-type Corporation, and was in charge of material management and other affairs.

1. From May 30, 2015 to May 31, 2015, the Defendant, along with G, was in custody of 100 cement 100 tons, which are government-funded water supply materials, for the victim Jindo-gun at the site of the F new construction project from May 30, 2015 to May 31, 2015, and was arbitrarily used by the Defendant at the site of new construction of a personal multi-family house located outside I, Jindo-gun, and

Accordingly, the Defendant, in collusion with G, embezzled 100 cement 10,000 won at the market price, which is the supply material of the victim Jindo-gun.

2. On July 2015, the Defendant, as a captain of the Jindo Jindo-do area, had the intent to gather a defective report in relation to the embezzlement of cement, which is a government-funded material, as prescribed in paragraph (1) of this Article.

At around 17:00 on July 19, 2015, the Defendant made a solicitation that K met or “Tri-do and coverage content ....” On the same day after having returned home, K opened a bag containing KRW 2,00,000 on the same day, and requested M to deliver the bag to K, and M sent the bag to a original farm on July 20, 2015. < Amended by Presidential Decree No. 26039, Jul. 20, 2015; Presidential Decree No. 26874, Jul. 20, 2015>

As a result, the Defendant made an illegal solicitation in relation to K's news gathering and reporting business and granted KRW 2 million in cash.

3. On July 20, 2015, the Defendant: (a) discovered that the members of the Jindo-gun Council pointed out it at the Assembly regarding embezzlement of cement, which is a government-funded material, such as Paragraph (1) around July 20, 2015; and (b) had the intention to drink it through the O of the Jindo-gun Council.

The defendant around July 20, 2015 P of Jindo-gun around July 20, Jindo-gun.