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(영문) 서울중앙지방법원 2015.02.12 2014고단3695

횡령

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

As the vice president of D Co., Ltd., the Defendant was the person in charge of the F new construction site in Jongno-gu Seoul, Jongno-gu, Seoul, a construction site constructed by the said company from December 2012.

G Co., Ltd. subcontracted the above construction from D Co., Ltd. on April 2013, which was subcontracted with D Co., Ltd., leased h’s oil pumps and pipes 9,601 (hereinafter “instant temporary materials”) as temporary materials to carry out the structural construction, and carried out construction after installing them at the site.

On May 17, 2013, H representative I visited the site of the construction to receive rent for the instant temporary materials from G Co., Ltd. and asked J, the Director General of D Co., Ltd., to find out whether the rent for the temporary materials would be directly collected from D Co., Ltd., the prime contractor. On October 2013, H representative I notified the fact that the instant temporary materials were leased. On October 2013, 2013, he again asked J as to whether he could directly receive rent from D Co., Ltd. by visiting the construction site and visiting the construction site.

G Around October 2013, after the completion of the structural construction work, the G Co., Ltd. agreed to settle the construction cost at KRW 600 million between D Co., Ltd. and D Co., Ltd., and actually suspended the construction work.

On December 2, 2013, in order to remove the temporary materials of this case in order to directly complete the construction work at D Co., Ltd., the Defendant embezzled KRW 56,814,00 at the market price of the materials of this case by refusing to remove the materials of this case on December 7, 2013 after the removal of the materials of this case to the D Co., Ltd. located in D Co., Ltd. located in K at Yangyang-si, with the removal of the materials of this case on December 7, 2013 so that the owner may recover them immediately after the removal.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness, L and I;

1. Each prosecutor's statement concerning L and I;

1. A temporary re-lease agreement;