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(영문) 창원지방법원 진주지원 2020.05.28 2019고단930
업무상횡령
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.

Reasons

Punishment of the crime

【Defendant A was sentenced to a suspended sentence of eight months for a violation of the Act on Entrusted Elections by Public Organizations, etc. in the Changwon District Court on July 24, 2019; Defendant B was sentenced to imprisonment for the same crime in the same court on the same day; and the above judgment was finalized on August 1, 2019 and January 10, 202, respectively.

【Criminal Facts of Crimes】 The Defendants, as executive officers of the Victim C Promotion Meeting located in Gyeong-dong, Chungcheongnam-gun, 2008 (hereinafter referred to as the “victim Promotion Meeting”), had been engaged in the work of negotiating with the relevant authorities on behalf of the fishermen in relation to the damage inflicted on the fishermen who are engaged in inland fisheries in the Furgical area due to DD projects and E projects implemented since 2009, so that they can make maximum compensation for damage by negotiating with the relevant authorities on behalf of the fishermen in relation to the damage inflicted on the fishermen.

The victim promotion meeting was held by Defendant A, the leader of the fishery industry in the affected area, the representative of the fishermen, and the director of the secretariat in charge of Defendant B's practice. In fact, the Defendants led the Defendants to conduct negotiations and procedures for compensation for damages.

The victim promotion meeting held at the time of the establishment of the meeting, after deducting the amount equivalent to 3% of the compensation received by each damaged fishermen from the service fees, deposited into the account used by the victim promotion meeting. The fee collected was to be used as the name of the chairperson, the secretary general, the expenses for the activities of the victim promotion meeting, the reserve fund, etc., and the fee was to be deposited in the account of the defendant A's account (Account Number: H. hereinafter referred to as the "this account").

On the other hand, the injured fishermen received compensation for damage related to the D System directly from the above Corporation, and the injured fishermen received the amount equivalent to 3% of the compensation for damage.

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