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(영문) 대구지방법원 2018.12.14 2018고합247

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

. The evidence presented by the prosecutor alone proves that the Defendant embezzled products, such as stonework Bans, etc. in the amount of KRW 10.6 million, seven times in total, on February 2017, without any reasonable doubt.

It is difficult to see, and there is no other evidence to acknowledge it.

① According to the description of the description of the storage of goods related to Q, which appears to have been prepared by the Defendant (No. 1, No. 264 through 266 of the investigation record), the remainder of Q, excluding No. 820 through 826, from among the facts charged of embezzlement of products related to Q, was specified, but the victim appears to have received from the Defendant in addition to the descriptions of the above goods, “Non-Party 1500*100 (1), 200*1500 (1), 200*1500 (1), 1650*1200), 1650*350 (1)” (No. 1, No. 267, title 1, title 267 of the investigation record), the list of crimes per minute 1,820 through 823, and the list of goods kept by the Defendant among the documents kept by the Defendant is 10,000.”

5. Standards 2000*1500 only one use;

6. Based on the part stating "2400*1200* 250 * 250, each of the parts set out in 1 year of crime sight 824 through 826, on the basis of the part stating "(3° 1073 of the investigation record)."

2. However, the statement "other than 1500*100 (1), 200*1500 (1), 2000*1500 (1), 2000*100 (1), 1650*1200, 350T *350 (1) of this meri which appears to have been dispatched to the victim (No. 1 of the investigation record No. 267 of the criminal investigation record), and one statement "the goods kept" among the documents prepared by the defendant;

5. Standards 2000*1500 only one use;

6. The mere statement stating "2400*1200* 250 * 2501 of the investigation records") is insufficient to recognize whether the products of the above specifications were originally owned by the victim, and whether the above products were in Q by the Defendant.

(3) AO, which operates Q, has been engaged in the business of importing and selling products, such as tin, etc. as the victim.