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(영문) 대구지방법원 영덕지원 2016.07.13 2016고정32
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. From around 2010, the Defendant has been engaged in the business of managing community funds as the head of Siljin-gun, Chungcheongnam-do.

The Defendant, around October 201, at E’s house located above D, received KRW 8 million from F, the director at the construction site site, as the pipes of LNG Gas Pipelines Corporation that were ordered to construct the Korean Gas Corporation for the purpose of the Village Development Fund, from F, which was being assigned 8 million won for the purpose of the Village Development Fund, and used for personal purposes, such as living expenses, etc. around that time.

In addition, from around that time to December 1, 2014, the Defendant consumed a total of KRW 10,77 million on seven occasions, such as the list of crimes in the attached Form.

Accordingly, the Defendant embezzled the victim C community meeting property.

2. Any person who intends to carry on construction business in violation of the Framework Act on the Construction Industry shall register the land with the Minister of Construction and Transportation by business category, and no person shall carry on construction business without registering the construction business;

A. With respect to the appurtenant work of “G” that takes place between around April 7, 2014 and around May 4, 2014, the Defendant, without registering a construction business, subcontracted construction works with a total of KRW 21,80,000,000 from H companies performing the said construction work (representative I) to H companies performing the said construction work, such as concrete building construction works on the floor, and building-side retaining wall construction works.

Accordingly, the Defendant carried on construction business without registering construction business.

B. From July 1, 2015 to July 28, 2015, the Defendant subcontracted the construction of a retaining wall in front of the building at a solar power plant with the construction cost of 1,5420,000 won among the construction works described in the foregoing paragraph (a) from H company.

Accordingly, the Defendant carried on construction business without registering construction business.

Summary of Evidence

To F, J, and K in the police interrogation protocol against the defendant I's legal statement.

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