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(영문) 서울중앙지방법원 2016.01.15 2015고단2618

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 2010, the Defendant delegated the construction work to be newly built as a house, and agreed to carry out the said construction work by receiving funds necessary for the said construction work from the damaged party, on the 2nd floor to 4th floor (256.54 square meters) above the ground as a commercial building in Gyeonggi-do, Kimpo-si, Kimpo-si.

. The defendant: 200,000 won; 5.1.6,00 won; 5 million won; 1.6,000 won; 1.6,00 won; 1.5 million won; 2.4 million won; 1.6,00 won; 2.4 million won; 1.6,000 won; 1.6,00 won; 2.4,000 won; 1.6,000 won; 1.6,000 won; 2.6,000 won; 1.6,000 won; 1.6,000 won; 2.1.5 million won; 2.6,500,000 won; 3.6,000 won; 1.6,000 won; 2.1.6,000 won; 3,010,000 won; < Amended by Act No. 11374, Dec. 13, 2012>

After the Defendant received construction payment from the injured party and completed construction, the Defendant settled the details of the execution of the construction cost of the instant construction work on January 23, 2013, and agreed to return the construction cost of KRW 34,784,681 not used for the instant construction work among the construction cost received from the injured party, to the injured party. On April 5, 2013, the Defendant included the Defendant’s vehicle in the expenses used for the instant construction work among the details of settlement on January 23, 2013.