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(영문) 의정부지방법원 고양지원 2017.06.02 2016고단1645

횡령

Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

A is the general manager of the construction site of senior citizens specialized in the F of Gwangju City performed by E as the president of the E, and the defendant B is the head of the above construction site.

In June 2012, the Defendants leased construction materials from the victim G’s operation and kept them for the victim, and Defendant B would pay to the Defendant the fixed rent to the Party on the face of the need for temporary reproduction in the construction of a newly built apartment house in the inside of the inside of the country and bring the said temporary reproduction to the Defendant.

The proposal was made to the effect that “A,” and Defendant A, with the intent of embezzlement, of the said construction materials by accepting the proposal.

In accordance with the above conspiracy, the Defendants: (a) using the cargo vehicle at the construction site above on September 2012, Defendant B, using approximately 100 steel pipes; (b) 92 steel pumps; and (c) approximately 270 oil pumps; and (d) the construction materials worth KRW 5 million in total at the market price, which were non-expliced, could not be known.

Accordingly, the Defendants conspired and embezzled the victim's property.

Summary of Evidence

[Defendant A]

1. Legal statement of the witness B;

1. The statement made by Defendant B in the fifth public trial records, which is part of the witness I and J in the first six and the seventh public trial records;

1. Each investigation report (the sequence 16,18 of the evidence list);

1. Details of temporary rent, temporary rent and borrowing contract (Defendant B);

1. The statement made by Defendant B in the fifth public trial records, which is part of the witness I and J in the first six and the seventh public trial records;

1. Each investigation report (the sequence 16,18 of the evidence list);

1. Details of temporary parking and application of Acts and subordinate statutes concerning temporary lending and borrowing contracts;

1. The Defendants: Articles 355(1) and 30 of the Criminal Act, and each of the options of fines (Defendant B acknowledges criminal facts; Defendant A has no particular benefits acquired due to the instant case; degree of damage; and victim G, the temporary lessor of the instant case, is the owner of the instant construction site.