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Defendant
A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.
However, the Defendants are above.
Reasons
Punishment of the crime
Defendant
A is the representative of residents of Seocho-gu Seoul D Village, and Defendant B is a resident of D Village.
On March 2012, the Defendants conducted a demonstration requiring the Hyundai Industrial Development Co., Ltd. (hereinafter “Mo Industrial Development”) (hereinafter “Mod Industrial Development”), which is a business entity of the tunnel construction, to solve the problems of groundwater due to the 35 generation groundwater, including the victim F, G, and H, a resident of the D Village, due to the tunnel construction work, during the mid-200, and granted KRW 65 million in total, including KRW 5 million, to Defendant A’s bank account on May 25, 2012 in the modern industrial development.
The Defendants were in custody of the money received under the name of “expenses for the establishment of government administration” for the residents of the village and embezzled by arbitrarily consuming the money around that time.
As a result, the Defendants conspired and embezzled the victims' property.
Summary of Evidence
1. The Defendants’ partial statements in the first public trial protocol
1. Statement made by the witness I and F in the second public trial record;
1. The description of part of the defendant A or B in the suspect examination protocol against the defendant A by the prosecution;
1. Each police statement made to F and I;
1. Contract, receipt, certificate of transfer confirmation, agreement, summary of D community civil petition, minutes [the Defendants’ total amount of KRW 65 million received from modern industrial development is not for the entire village residents, but for the Defendant B, and the Defendants are not in the custodian’s position, and even if they are in the custodian’s position.
Even if the above 65 million won is used for the damaged residents of the village, the crime of embezzlement is not established.
The argument is asserted.
However, according to the evidence duly examined by this court, the residents of the D community suffered material and mental damage, such as water shortage (defluence of sewage) due to the development of the J construction work, and the residents of the D community filed a civil petition.