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(영문) 서울북부지방법원 2015.06.04 2014고단4649

횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Around June 24, 2010, the Defendant entered into a contract for the manufacture of the victim LA with the LAF (a representative G; hereinafter referred to as the “victim”) and the LAC on July 24, 2010 with the delivery deadline, and supplied the seal instrument manufactured on August 10, 201 to the damaged company after the lapse of the delivery period agreed upon after receiving the intermediate payment of KRW 5,500,000 as D through D on the same day. < Amended by Presidential Decree No. 22173, Jul. 16, 2010; Presidential Decree No. 23273, Aug. 10, 2011>

After that, when a defect was discovered in the launch machine, the defendant was requested by the injured company to repair the launch machine, and around September 15, 201, the defendant embezzled the sn beam and the h beam beam owned by the injured company, which was installed as a floor string to fix the launch machine and the snife at the damaged company's factory located in Gyeonggi-gu, Gyeonggi-do, with a view to the fixing of the launch machine, around 10 meters (a) of the snife beam of the steel products owned by the victimized company (a 15cm thickness, 0.9cm, 200km), and kept for the victimized company, around October 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of G in the suspect examination protocol against the accused in the prosecution, and the police statement of G;

1. Application of Acts and subordinate statutes concerning a contract for the production of artificial instruments;

1. The reason for sentencing under Article 355(1) of the Criminal Code of the relevant criminal facts is that the Defendant entered into a contract with the victimized company for the production of human organs and sold the human organs and scams owned by the victimized company with the intention of 11 million won, and even if he sells the scams and scams, he has an additional benefit of 6 million won.

Considering the fact that a mistake is against the victim company, even though the victim company received a considerable portion of the price under the contract, its contract has not been performed properly, and as long as the contract object returned from the victim company has not been arbitrarily sold and has not been compensated for a long time, the corresponding criminal punishment against the defendant is inevitable.