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(영문) 울산지방법원 2016.11.03 2016고단2126

횡령

Text

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

except that 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

Around April 30, 2015, the Defendant: (a) received a successful bid from Samsung C&E Co., Ltd. for 2.56 billion won for the PDAB facilities set up in the Ulsan-gun, Ulsan-gun; (b) around May 18, 2015, the Defendant agreed to sell the aforementioned PDAB facilities set up in the Victim Thoming Co., Ltd., Ltd., which was awarded a successful bid for the said PDAB facilities set up in the PDAB facilities set up in the PDA at three billion won; (c) after paying the down payment, the Defendant agreed that the ownership of the relevant facilities set would vest in the victim.

On May 19, 2015, the Defendant received 1.1 billion won from the victim as a down payment for the said sales contract.

Meanwhile, separate from the above sales contract, the Defendant entered into a contract for removal with the victim on the work of removing and shipping the said facility sets, etc.

On May 19, 2015, the Defendant entered into a contract with Samsung C&E, a goods business entity, at Ulsan Factory, to sell the car tlate, etc. located in the original warehouse of the said Ulsan Factory, which is contained in the object of the said sales contract, at the KRW 60 million, and ordered E to remove the truck using the truck from May 20, 2015 to May 22, 2015, and received the payment of the price (60 million won for the Defendant and E’s assertion).

As such, the Defendant embezzled the market value of the victim’s property (360 million won as the victim’s assertion) kept by the Defendant under the above removal contract.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of F in the suspect examination protocol of the accused by the prosecution;

1. Examination protocol of suspect E by the prosecution;

1. The prosecutor's statement concerning G;

1. Investigation reports (Attachment of materials replyed to materials taken out of the Samsung);

1. Application of Acts and subordinate statutes to each sales contract, a contract for removal, a vehicle and material taken out, a photograph, a list of entry into and departure from a factory in SamsungSDI, and a place for taking out;

1. Article 355(1) of the Criminal Act of the relevant Article of the Criminal Act concerning criminal facts;