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(영문) 울산지방법원 2011.12.08 2010고단2774
횡령
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is the Chairperson of the I Countermeasure Committee that requested and organized compensation measures for damages, such as noise and vibration, etc. suffered from the H housing site development projects implemented by the residents of the F Village and G village in the Sinsan-si in the Sinsan-si in the Republic of Korea, and the defendant B is the Vice Chairperson of the Committee.

On September 18, 2009, the Defendants demanded the Korea Land Corporation in Busan Special Metropolitan City, Busan Special Metropolitan City Headquarters, etc. to take measures for damage incurred from the said development project under the name of the above Countermeasure Committee, and transferred KRW 250 million from the Busan Special Metropolitan City Headquarters in the name of the Defendants to a new bank bank account in the name of the Defendants for the purpose of supporting the purchase of the community hall site.

The above subsidy granted by the Busan Metropolitan City Headquarters of the Korea Land Corporation is a subsidy to purchase the site of the community center necessary for the residents, and it is a fund that belongs to the collective ownership of all the residents of the above village, and it is funds that should be used for the whole community residents.

However, around September 18, 2009, the Defendants and the Defendants embezzled 75 million won out of the above money at the new bank delivery point located in Gyeyang-si, Yangsan-si, under the pretext of receiving rebates from the Defendants.

Accordingly, the Defendants conspired and embezzled KRW 75 million belonging to the entire community residents' collective ownership.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police interrogation protocol against the Defendants and J

1. Each police officer's statement about K, L, M, and N;

1. Each written statement of the defendant B and J

1. A investigation report (in the former name, tracking and investigating the bank account analysis), details of financial account analysis, investigation report (in the latter case, checking and investigating the identity of the subscriber), investigation report (in the latter case), data from the base station;

1. The notification of the submission of relevant data, such as the data on subsidies for the Etops, and the payment of subsidies for processing civil petitions related to the development of Etops;

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