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(영문) 서울중앙지방법원 2012.07.11 2011고정6204

횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, while constructing a new apartment house on the ground outside Chungcheongnam-si and 2 lots, from the victim E who runs the business of leasing construction materials with the trade name of “D,” 100 Gangwon-gu and 300 Kind-si, 150 Kind-si, 16, 400 Kind-si (Automatic) around November 8, 206, 40 Kind-si (Stenographic-si), 60 Kind-si and 50 Kind-si around the same month, 60 Kind-si and 50, 60 Kind-si and 50, 50, 60 Kind-ro and 50, 50, 30, 50, 100, 100, 500, 50, 206, 206, 206, 206, 205, 206, 206, 206, 256, 36,0, 6, 25, 6, etc.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness E;

1. Statement of each police suspect interrogation protocol against the accused;

1. Statement of the police statement regarding E;

1. Application of each Act and subordinate statute to describe shipment certificates;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

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

1. The Defendant asserted that the Defendant: (a) leased each of the instant construction materials from the victim at the time and time indicated in the facts charged; (b) purchased each of the said construction materials from the victim at KRW 15 million on or around December 2009; and (c) thereafter, the Defendant did not have the status of the custodian of each of the said construction materials from around that time; and (d) the Defendant is not the Defendant but G.

2. According to each of the above evidence, the defendant leased each of the construction materials of this case from the victim and used them to the above tenement construction, but did not return them to the victim.