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(영문) 수원지방법원 성남지원 2014.11.13 2014고단2289

횡령

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Criminal facts

From May 6, 2014, the Defendant was delegated with the duties of the head of the site office of the temporary construction of the tent in Echeon-si C from the victim B and was in charge of the field management.

On May 16, 2014, the Defendant embezzled KRW 800,000,00 in total by the same four times as indicated in the separate crime list between June 5, 2014, while receiving KRW 5,00,000 as the material price for the construction site from the victim and being kept for the victim, and then embezzled KRW 13,890,00 in personal use.

Summary of Evidence

1. Defendant's legal statement;

1. Grade B of the second police interrogation protocol against the accused;

1. A criminal investigation report (verification of the amount of embezzlement of a suspect);

1. Application of Acts and subordinate statutes on a construction contract and a detailed statement of passbook transactions;

1. Relevant Articles 355(1) and 355(1) of the Criminal Act regarding criminal facts, the choice of a fine for each type of crime [it is appropriate to choose a fine for the defendant, considering comprehensively the following circumstances: although the nature of the crime is not somewhat weak in light of the amount of embezzlement, the method of embezzlement, etc. of the defendant in this case, the defendant's mistake and reflects on the defendant's wrong recognition; the defendant has no record of criminal punishment for the last ten years; and the defendant's age, character and conduct, and environment, etc.;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;