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(영문) 광주지방법원 2013.12.13 2013고정1522

횡령

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

As a pastor, the defendant is between the victim C and the victim C with a well-known knowledge.

The victim tried to construct a building on the rooftop of the E Public Notice Board located in Gwangju Northern-gu, one's own possession and live therein, and requested the defendant to introduce the construction business operator to the defendant around May 2012.

Accordingly, the Defendant presented a written estimate for construction cost of KRW 16.6 million to the victim, stating that it is possible for the victim to directly perform construction work because he/she graduated from the Department of Civil Engineering of University and experienced in construction work, the construction cost is about KRW 11.7 million, and the Defendant directly performs construction work with the consent of the victim, and the construction materials are paid by credit card of the victim and the relevant personnel expenses are paid in cash by the victim.

Accordingly, the Defendant purchased construction materials of KRW 2,750,00 at F’s store on May 21, 2012, and settled with the credit card of the victim, and returned part of the materials to the said store and received a considerable amount of KRW 740,000 from the Defendant’s agricultural bank account, from that time as indicated in the [Attachment] List Nos. 1, 4, 5, 7, and 8.

6. up to 19.19. up to five occasions, the victim returned some of the materials in the same manner, and the sum of 2,595,000 won was transferred to the Defendant’s agricultural bank account.

In addition, on May 23, 2012, there is a concealment of the fact that a person keeps the proceeds for the return of a part of the materials as above, and from that time as shown in [Attachment] Nos. 2, 3, and 6, including the remittance of KRW 1,00,000 in cash from the victim to the Defendant’s agricultural bank account under the pretext of personnel expenses, from that time,

6. Until August 8, 200, total 3,500,000 won was transferred to the Defendant’s same account in terms of personnel expenses for three occasions.

However, as above, the Defendant received and retained a total of KRW 6,095,000, which was transferred for money for the return of some materials and personnel expenses.