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(영문) 전주지방법원 군산지원 2013.12.20 2013고합52
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

A Imprisonment with prison labor for one year, for ten months, and for eight months, for each of the defendants C.

except that this shall not apply.

Reasons

Punishment of the crime

1. Defendant A is the site manager of L Co., Ltd. (hereinafter “L”) (hereinafter “L”) who is a contractor of the project for the Geum River and the Geum River, which is ordered by the Daejeon Regional Land Management Office (hereinafter “National Land Management Office”) for the construction work for the Han River and the Geum River, which is ordered by the Daejeon Regional Land Management Office (hereinafter “National Land Management Office”). Defendant B is the deputy director of the said L Corporation.

Defendant

A and B, in order to use it in the Chungcheong M&D project around May 201, after obtaining permission from the National Land Management Authority, dredged from the river floor of Geumsan-si N, a national river located in Yansan-si, with a view to stockpiling up to 75,00 cubic meters of earth and sand, and he stored it for the Republic of Korea as the owner of the land, and planned to sell the dredging soil to another person to complete the construction work within the deadline for completion.

After that, around June 201, C introduced P and Q to the Defendant A, the site manager, at the above L site office located in the Y, Chungcheongnam-gun, Chungcheongnam-gun, the end of which: (a) Defendant A and B received KRW 1,000 per one cubic meter on condition that P, etc. bear various expenses, such as the above P, etc. and dredging soil transportation expenses; and (b) around 61,835 cubic meters of dredging soil on the market price in the end of October 201 (hereinafter “the dredging soil inspection of this case”), which was prosecuted on the premise that the dredging soil of this case is aggregate, but the evidence submitted by the Prosecutor alone alone does not recognize that the dredging soil of this case is aggregate.”

As a result, Defendant A and B embezzled the property owned by the victim in collusion.

2. The obstruction of performance of official duties by fraudulent means is an employee of the RR, who is a supervising company of the K Project for the Geum River Dograri, to examine, confirm, and approve the execution of the design documents, the relevant documents, and the relevant Acts and subordinate statutes during the pre-stage process from the construction phase to the completion phase, and thereby to act on behalf of the contracting authority.

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