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(영문) 대구지방법원 서부지원 2013.07.17 2012고정1600
배임등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

【Violation of State Properties Act or Violation of the Rearrangement of Agricultural and Fishing Villages Act (2012, 1601)】 No one shall perform any act impeding the original purpose or use of agricultural infrastructure by destroying any major structural parts thereof, or use or benefit from State property without permission.

Nevertheless, the Defendant: (a) destroyed facilities equivalent to approximately 671 square meters in size and approximately 437 square meters in size, among approximately 12,564 square meters in size and 14,942 square meters in agricultural production infrastructure, which are agricultural production infrastructure, and used approximately 671 square meters in size among 12,564 square meters in size and 12,564 square meters in size, which are State property, from around the time of early April 2012 to July 2012, the Defendant used and used approximately 12,564 square meters in size in E-Gu, the State property, from around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. The written accusation of the head of Si/Gun;

1. A written statement;

1. Investigation report (as to the damaged area)

1. A real estate lease contract;

1. Application of statutes by the Minister of Agriculture, Food and Rural Affairs to inquiry reports;

1. Relevant Article 130 (1) 1 of the Rearrangement of Agricultural and Fishing Villages Act, Articles 18 (3) 1 of the same Act concerning facts constituting an offense, and Articles 130 (1) of the same Act, and Article 18 (3) 1 of the same Act (a point that obstructs the original purpose or use of agricultural infrastructure by destroying a major structural part of an agricultural infrastructure), Articles 82 and 7 (1) of the State Property Act (a point that uses

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Costs of lawsuit, which are not guilty under the proviso to Article 186 (1) of the Criminal Procedure Act, - Breach of trust (2012, 1600);

1. The summary of the facts charged is that the Defendant, at around November 8, 2009, was released from the Defendant’s residence located in the MilitaryJ, and was released from the Victim K and the Victim L, with a total of KRW 80 million for the Defendant’s debt reimbursement of KRW 1,00,000,000 for the Victim K and the Victim L.

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