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(영문) 인천지방법원 부천지원 2020.02.20 2019고정622

횡령

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged in the instant case is a person who performed construction works upon request by the victim B to perform civil engineering works for Incheon-gun C, Incheon-gun, which is owned by the victim.

On September 2015, the Defendant kept and managed dump truck articles D and scke articles E on the site of the above civil engineering works without the consent of the victim under the name of compensation for container movement work in the above site, and among the soil in the above site, the amount of 15 ton truck 15 ton truck and the amount of 15 ton truck E should be brought respectively.

Accordingly, the defendant embezzled about KRW 2.1 million of the market price stored for the victim.

2. The victim stated, "Around September 11, 2015, the victim shall pay approximately 15 million won to the defendant, requested supervision of civil engineering works, installation of container buildings, road construction works, etc. at the above camp site, and the victim decided to pay directly the materials and equipment costs necessary for each of the above construction works. The defendant taken away 80 to 100 pump truck per 150,000 won at the construction site without the victim's permission and immediately became aware of the fact that the price was 80 to 80,100 pump truck per 150,000 cost, and immediately became aware of the neighboring resident's information." However, the victim stated, "Around March 2016, who continued to be in charge of supervision over the above site until the contract terminated, continued to be in charge of supervision over the soil and sand removal, and even after becoming aware of the removal of the soil and sand." The victim failed to verify the situation of the removal of soil and sand to E and its response to the victim's.