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Reasons
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(영문) 의정부지방법원 2013.07.18 2013고정1211
업무상횡령
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

From January 1, 2003 to March 23, 2011, the Defendant is the victim Yangju-si Lee, and D is a person who has been in the general affairs of the above C for the same period, and has been in the process of community affairs.

From around 2003, the Defendant and D received the village development fund as compensation for environmental pollution generated in the course of quarrying and transportation from E, a stock company located in the above C, and were in mind of embezzlement while managing it for the victim.

1. The Defendant and D, a co-principal, deposited and managed part of the above Village Development Fund in the livestock cooperative account (F) under the name of the Defendant, and embezzled it by using it for personal purposes while receiving interest KRW 10 million on February 23, 2009 and being kept for the victim.

2. On February 16, 2006, the Defendant solely committed a crime: (a) deposited part of the village development fund in the livestock cooperative account (G) under the name of the Defendant; and (b) embezzled KRW 4,74,00 from that time to February 10, 201, totaling KRW 22,185,50,500 through six times in total, as indicated in attached Table 1, as stated in “attached Table 1”, while the Defendant received dividends for use in the name of the Defendant and kept for the victim, and then embezzled dividends of KRW 9,273,00 for use in the name of the Defendant.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Grade D of the protocol of interrogation of the accused by the prosecution;

1. Statement of the police officer to I;

1. A notice of dividend, 2007 partner's use and dividend 1%, 205 dividend notice, 2006 dividend notice, 2007 dividend notice, 2008 dividend notice, 2008 dividend notice, 2009 dividend notice, 2009 dividend notice, and 2010 dividend notice;

1. Agricultural Cooperatives (G), Agricultural Cooperatives (G) Village Co., Ltd., and specifications of trade in agricultural cooperatives (G).

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