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(영문) 울산지방법원 2013.05.31 2012재고합3
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. On January 9, 2006, the Defendant: (a) prepared a complaint stating the false facts that “AK voluntarily consumed and embezzled KRW 25 million while in the course of performing its duties after receiving KRW 32 million from the former H Village members; (b) submitted it to the Yangsan Police Station on January 9, 2006; and (c) sold AK six forest land and fields owned by the former H Village Association to AB, etc. on July 8, 2003.

8. On March 13, 2000 won and embezzled at will, the two facts charged were indicted. However, as to the above facts charged, the acquittal was finalized in the judgment subject to a retrial. Accordingly, on July 18, 2012, the court rendered a decision to commence a retrial only on the guilty part among the part against the Defendant in the judgment subject to a retrial.

AJ, etc., as the head of the H Village Association located in Yangsan-si around 1998, who managed the common property of the village, has been aware that the amount equivalent to 110,000 square meters of the forest owned by the village was transferred to its own name, and has filed a lawsuit seeking cancellation of the ownership transfer registration against them. Around April 200, the Defendant and CK provided KRW 32 million collected by village residents as the chairperson of the Village Council and the general manager AK for the purpose of litigation expenses. The Defendant and CK did not raise an objection against the future user even if they used this money for any purpose, such as litigation expenses, vehicle oil expenses, meal expenses, etc. In fact, the Defendant and CK were in charge of the duties of the Village Association together with AK, and the Defendant was aware that AK used this money as attorney appointment expenses, registration expenses, vehicle oil expenses, etc., and did not raise an objection to the village on February 5, 2003 from the Busan District Court.

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