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(영문) 대구지방법원 영덕지원 2013.12.11 2013고단97
업무상배임
Text

Defendants shall be punished by a fine of KRW 2,500,000.

If the Defendants did not pay each of the above fines, 50.

Reasons

Punishment of the crime

Defendant

A was in charge of purchasing land to be incorporated into the "F Improvement Project", which is a tourism-based development project that creates traditional food experience space, etc. while working in the dietitian E from January 14, 2009 to October 23, 201. Defendant B was the leader in charge of purchasing land to be incorporated into the "F Improvement Project" while working in the above E from February 6, 2006 to October 31, 201.

With respect to the acquisition of and compensation for land, etc. for public works, the defendants shall compensate at a reasonable price assessed by considering the utilization plan, the rate of land price, the rate of increase in the producers' price, and other conditions of use of the land from the standard date to the price based on the officially announced land price, and the actual state of use at the time of price.

Defendant

B was entitled to the National Treasury subsidy for purchasing 33,719 square meters of G forest land, which is the land scheduled to be incorporated into the above "F Improvement Project" before completing the feasibility study of the above "F Improvement Project", which was commenced on February 2, 2009, at the office of the National Nutrition E of the Republic of Korea. Thus, even though the present state of the above land is most forests, the fact is that the appraisal price of the above land can be increased by raising the compensation price for the land and raising the compensation price for the land, Defendant A would be able to promptly purchase the above land. Defendant A would be able to promptly purchase the above land by setting the compensation price for the land, and Defendant A would be able to arbitrarily purchase the above land by arbitrarily dividing each of the above land based on the valley store and the salt fire fighting steel farm, and Defendant B consented to the appraisal regardless of the actual status of the land.

Accordingly, the Defendants would purchase the above land without following all procedures, such as the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.

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