횡령
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 17, 201, the Defendant: (a) is a person operating “D”, a steel structure manufacturer in the Haan-gun, Chungcheongnam-gu, Haan-gun; (b) is a G operating the victim (hereinafter “victim”) in Ulsan-gu E on June 17, 201; (c) is performing a steel frame and a panel construction among the new construction works in the East-gu, Ulsan-gu, Ulsan-gu, Seoul-gu; and (d) in return, the victim company pays KRW 145 million to the Defendant; (c) it is not possible for the victim company to take over or subcontract all or part of the contract object to a third party; (d) it is not possible for the victim company to take them out without permission; and (e) the ownership is agreed to the victim company.
On June 21, 201, the victim company supplied steel materials, such as the sn beam manufacturing process, from the Hen Steel Co., Ltd., and delivered them to the defendant for the purpose of using it in the construction of the snive gas (main) shop.
Although the Defendant kept steel materials, etc. for the victim company as seen above, the Defendant agreed to the effect that, around August 26, 2011, the Defendant, in order to guarantee the payment of seal, purchase charges, etc. to the new Es&P (hereinafter “new Es&P”) located in 594, Haak-gun, Haak-dong, Haak-dong, Haak-dong, Haak-gun, the Defendant, who owned the victim company, entrusted the Defendant with all goods located in the D workplace, and, around September 1, 201, ordered the New Es&C to take approximately KRW 60 tons of the steel materials, such as the hn beamline owned by the victim company, at the D plant located in Hannam-gun, Hak-gun, Hak-gun, the market price of which is approximately KRW 70 million.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Each legal statement of a witness G, H, I, and J;
1. Application of Acts and subordinate statutes of trade confirmations, payment memorandums, cash custody certificates;
1. Article 355 (1) of the Criminal Act applicable to the crimes;
1. The fact that there is no same kind of power under Article 62(1) of the Criminal Act, the victim withdraws his complaint and the defendant; and