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(영문) 광주지방법원 2018.02.06 2017고정1129

업무상횡령등

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A was a person who was in general service of “E” (hereinafter referred to as “E”) and Defendant B is a closing member of “E”.

1. Defendant A’s occupational embezzlement, while holding office as a general manager of the above “E” sentence, was delegated with the contract for the sprinking construction of F, etc., which was owned by the Defendant, with the opportunity to take profits by deceiving the size of the timber contract at the time of the use of the same opportunity, Defendant: (a) entered into a contract for the 15th degree of punishment with the actual size of 13th degree of punishment on June 2014; and (b) was paid KRW 20 million on June 25, 2014; and (c) was used by the Defendant’s wife H’s transfer of the remaining 2th degree of money to the agricultural bank account with the Defendant’s wife H.

Accordingly, the defendant embezzled 2 million won in the victim's door.

2. Defendant B’s embezzlement is a person who leased land from “E”, such as I and J, inter alia, in the south of the Republic of Korea.

Defendant stated that the above land was leased from “E” as an opportunity to take out the soil and sand inside the real estate and acquired the benefit.

However, at the time, the Defendant only leased the right to cultivate the above land, which was agreed to be prohibited from shipping out of other earth and sand in mind. Nevertheless, on August 2016, the Defendant carried out sand of 750 square meters from the land owned by the above victim, etc., and removed L, instead, M, which is the site warden, completed the Defendant’s access road construction work on the six-way access road (22 million won). Accordingly, the Defendant embezzled approximately KRW 750 square meters of soil and sand of approximately one million.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of the witness N,O, P and M;

1. Statement made by the police to Q Q;

1. G reporting on a forest management plan;

1. On-site photographs;

1. A survey report on actual conditions;

1. A forest management plan report;

1. An afforestation project in the economic number of years 2015;