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(영문) 수원지방법원 성남지원 2017.11.02 2017고단2321

횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2016, 2016, the Defendant: (a) in the office of the Dispute Resolution Co., Ltd., which is operated by the victim D, which is in the early Hanam-si, the Defendant: (b) had the victim in the Dispute Resolution Co., Ltd., (c) built a mushroom growing building in Pyeongtaek-si, which is located in the Dispute Resolution Co., Ltd., and (d) has been awarded to the Dispute Resolution Co., Ltd., and (e) has been awarded a loan of 2.5 billion won by the Small and Medium Business Administration, if he supplies the 190 tons of the steel in the Dispute Resolution Co., Ltd. to the Dispute Resolution Co., Ltd., and (e) has received the consent from the victim in the Dispute Resolution Co., Ltd., which would receive the payment of the construction cost from the Construction Co.,

On July 13, 2016, the Defendant received supply of 117,810,000 tons of steel at the market price from the injured party and received at will from the construction site of the G KG KG to return 80 tons of steel bars around August 6, 2016, and received a request from the injured party for the return of 80 tons of steel bars on the ground of the unpaid payment of the steel bars, and sold the remaining market price without returning 110 tons of steel bars worth KRW 68,376,00, and consumed the sales price for personal purposes, such as living expenses.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Statement made by the police against D;

1. Each report on investigation;

1. Application of the statutes governing copies of tax invoices;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

1. The community service order under Article 62-2 of the Criminal Act;