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(영문) 창원지방법원 통영지원 2013.04.16 2013고정18
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

From April 1, 2008 to August 16, 2012, the Defendant assigned the DNA fishing village fraternity head in the South-west Sea C, and managed the business of the said fishing village fraternity, such as the operation of the village fishing village fraternity owned by the said fishing village fraternity and the management of public funds.

1. The Defendant was investigated on June 12, 201 and around the 29th day of the same month by taking account of the fact that the sales proceeds of the natural village of the D fishing village village village fraternity and the embezzlement of the public funds of D fishing village fraternity.

The Defendant embezzled KRW 229,80,00, which was paid at the time of the attendance and investigation of the said police station, as public funds of the fishing village fraternity that was in custody for the said fishing village fraternity.

2. On May 12, 2010, the Defendant violated the Fisheries Act, in collusion with E, leased the right of gathering KRW 15 million to H (one thousand, one day) from June 1, 2010 to May 30, 2013 to the village fishing ground (license number G) located in the branch line of the South and North Sea C in the South and North Sea Zone where D fishing village fraternity is a fishery right holder, among the village fishing ground (license number G) located in the branch line of the South and North Sea Zone, for which D fishing village fraternity is a fishery right holder.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of police statement of E and H;

1. Application of Acts and subordinate statutes, such as a copy of the gathering right and the fishing ground management contract (in the form of an investigation record, No. 84), a copy of the consignment contract for a aquaculture (in the form of an investigation record, No. 132), and a copy of the gathering right and

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) (the point of occupational embezzlement) of the Criminal Act, Article 98 subparagraph 6 of the Fisheries Act, Article 33 of the Criminal Act, Article 30 of the Criminal Act, and the selection of fines for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is to clarify the suspicions raised by the petitioner in relation to the collection of the village fishing ground as the head of the D fishing village fraternity.

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