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(영문) 대전지방법원 홍성지원 2017.07.13 2016고정317
업무상횡령
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, who was the head of Chungcheongnam-si from around 1998 to around 2014, received and delivered the goods supplied to the village residents from viewing, and was in charge of the affairs related to the village on behalf of the village residents.

On August 2013, the Defendant received a total of KRW 1,851,200 (1,851,200) of the market price on behalf of 34 residents of the above C, and used it at will without paying to the victim D and 18 persons, a total of KRW 904,80 (80) of the market price, as described in the attached list of crimes, while the Defendant was in business custody for residents.

Accordingly, the defendant embezzled the victims' property.

2. As evidence consistent with the facts charged in the instant case, some of the community residents, including E and C, including the petitioner E and F, are made to investigation agencies, testimony in this court and their authenticitys, confirmations, etc.

However, following circumstances revealed in the records of this case, i.e., ① community residents who received a dance-type fertilizer (hereinafter “instant fertilizer”) from the Defendant on August 2013, 2013, which was paid in addition to the Si of Bool-si (hereinafter “instant fertilizer”), and ② did not receive fertilizers.

The No. 18 G, in which a public action was brought, has been prepared at the request of the petitioner, but actually received the fertilizer of this case assigned to him/her from the defendant.

The testimony in this court, ③ the unpaid fertilizer is a small amount and old, and most of the memorys of the residents of the village in this country are not clear, and ④ In particular, whether the fertilizer paid to another village is distorted or not.

“The first issue was raised at the Village Assembly in 2013.

The petitioner E even representative E is also the petitioner of this case in 2016.

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