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(영문) 대구지방법원 서부지원 2017.10.19 2016고단2399

횡령등

Text

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

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

Reasons

Punishment of the crime

The Defendant, at around December 2, 2015, worked as a technical director of “C”, a company for solar power generation, entered into a contract to install solar power generation facilities for household use at the home of the victim E located in Gyeongbuk-gun, Chungcheongnambuk-gun, and carried out the construction, and then embezzled 6,50,000 won for the victim by receiving 6,50,000 won from the victim to the agricultural bank account in the name of the Defendant’s wife F for the payment of the construction cost, without remitting it to the said C, and arbitrarily consumed it for personal use, such as paying credit card payment.

On January 28, 2016, the Defendant, “2017 Highest 1538, the Defendant, at the residence of the victim H located in the G of Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, would install a soft boiler at the home immediately upon deposit of the price to the victim.

“Falsely speaking to the effect that the payment of the remainder of the above payments was delayed, and the victim I would like to deposit the remainder into the Republic of Korea’s electric power plant because “When installing the hump boiler, it would be possible to receive subsidies from the Korean Electric Power Corporation.” Until October 2016, it would complete the installation of the hump boiler.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant did not order the above hump boiler to the trading body and did not apply for the grant of the Korea Electric Power Corporation. The Defendant did not notify the victim of such fact, and the money remitted from the victim was thought to be used for personal purposes, such as living expenses, and thus, there was no intention or ability to install the hump boiler at the victim’s home even if he received the payment from the victim.

Nevertheless, on January 28, 2016, the defendant deceivings the victim and received two million won as a down payment from the victim's residence on or around January 28, 2016, and transferred nine million won as the remainder on or around June 29, 2016 to an enterprise bank account in the name of F in de facto marital relationship with the defendant.