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(영문) 춘천지방법원 원주지원 2017.10.26 2016고단712

업무상횡령

Text

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

Reasons

Punishment of the crime

The defendant is a person who has been engaged in on-site supervision, conclusion of a contract for construction, and collection of construction costs in the victim B corporation.

1. On October 10, 201, the Defendant entered into a contract for E and parking lot packing at the “D coffee shop” parking lot located in Won-si, Won-si, and embezzled arbitrarily consumed and embezzled for the victimized company by mutual agreement, etc. while receiving KRW 8.8 million advance payment from the agricultural bank account (F) in the name of the Defendant.

2. On October 26, 201, the Defendant received the remainder of 4,940,000 won of the construction from the Franchison site to the Agricultural Cooperative account (H) account in the name of the representative of the victimized company managed by the Defendant, and embezzled the remainder of 4,940,000 won for the victimized company by arbitrarily consuming the Plaintiff’s agreement, etc.

3. On April 3, 2012, the Defendant entered into a contract for the package work of access roads to the building site with K and construction site at “JJ” located in Gangwon-gun I, Gangwon-do, and embezzled 3.5 million won under the pretext of starting money by deposit into the account as set forth in the foregoing paragraph 2 for the damaged company, while the damaged company was kept for personal purposes.

4. On August 2, 2012, the Defendant received from K in cash payment of the remainder of KRW 6 million from K on the part of the victimized company at the place indicated in the foregoing paragraph 3, and embezzled by arbitrarily consuming it for the purpose of personal debt repayment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on a certificate of deposit in a passbook, certificate of payment in full, construction contract, and specification of ordinary deposits;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, and the choice of imprisonment for the crime;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] No person who does not have a basic area (from April 1 to April 4) (the person subject to special sentencing) [the decision of sentencing] [the decision of sentencing] [the amount equivalent to KRW 23 million of the damaged company under occupational custody shall be repeated at will on four occasions.