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(영문) 대구지방법원 서부지원 2016.12.22 2016고단1818

횡령등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who works as the head of the business division of C and runs a ready-mixed business personally after withdrawal from office on November 30, 2013.

1. Around June 2014, the Defendant entered into an agreement on the embezzlement of the victim’s three-day development and the victim’s three-day development (hereinafter “the victim’s three-day development”), stating that “The Defendant introduced the victim to be supplied with ready-mixed, and the victim supplied ready-mixed to the relevant business entity, so that the Defendant would collect the amount of ready-mixed from the business entity and deposit it to the victim.”

On April 2015, the Defendant transferred 20,924,481 won from the “D” company supplied with ready-mixed from the victim to the victim and embezzled 6,659,694 won out of the total amount of 47,719,128 won received from 47,719,128 won, and used 41,059,434 won as living expenses, etc. from the victim’s account.

2. On December 2, 2015, the criminal defendant against the victim E made a false statement to the victim E by telephone, stating that “The defendant would supply ready-mixed on December 7, 2015 on a face of three million won in advance.”

However, in fact, the Defendant made such a false statement to receive money from the victim from the beginning, and even if receiving advance payment, the Defendant did not have any intent or ability to supply the victim with ready-mixed.

Nevertheless, the defendant deceivings the victim as above, and is the same month from the victim.

4. The 3 million won was remitted to the Agricultural Cooperative Account under the name of the Defendant and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. The investigation report (the complainant, the statement of deposit, and the submission of the sales ledger);

1. - The head of the sales division, - a letter closure photograph, and application of Acts and subordinate statutes to copies of bankbooks.

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;