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(영문) 광주지방법원 순천지원 2016.10.26 2016고단814
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From June 2008, the defendant has been engaged in reclamation works and reclaimed land management as the representative director of E Co., Ltd. (hereinafter referred to as “Co., Ltd.”) from June 2008.

On November 20, 2009, the Defendant obtained a license to reclaim public waters for the purpose of developing distribution processing facilities and a site for public facilities from the National Maritime Affairs and Fisheries Office, and buried public waters 29,623.6m2 from August 10, 2010 to October 18, 2012, and created the reclaimed land of Mineyang-si G, H, I, and J. As a result of the completion inspection of reclamation works conducted upon completion of the said reclaimed land, the Defendant refers to the reclaimed land, the ownership of which the State acquires the ownership of which is the additional reclaimed land owned by the Ministry of Oceans and Fisheries (hereinafter referred to as “instant land”) from the area added to the public land register after completion of reclamation works, which is owned by the Ministry of Oceans and Fisheries.

124.6С and remaining reclaimed land mean reclaimed land other than reclaimed land acquired by the reclamation licensee as the project cost is equal to the total project cost so that the reclamation licensee can acquire reclaimed land, and which can be requested by the reclamation licensee, unless the reclamation licensee makes a request for purchase, if the project cost is less than the value of the reclaimed land after the settlement of total project site.

In addition, on September 6, 2013, the above 386.6 square meters was included in a total of 262 square meters, and on the condition that the registration of State property was not impeded, such as submission of a cadastral survey result, etc., after obtaining a certificate of completion of reclamation works of public waters on the condition that the land was acquired, the registration of preservation of ownership was made in the name of the partnership on September 25, 2013 on the instant land.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Reclamation works of public waters;

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