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(영문) 서울중앙지방법원 2012.08.30 2011고단2224

횡령

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months.

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

Reasons

Punishment of the crime

On October 8, 2008, the Defendant entered into a contract for a new multi-household house in Seongdong-gu Seoul Metropolitan Government, where the victim G was ordered to build a new apartment house on the H ground in the coffee shop located in Ansan-si, and the victim was 550,6160,000 won of the contract amount to I comprehensive construction corporation. On October 9 of the same year, the Defendant, when mediating the above contract, deposited 50,000,000 won as the down payment for the said contract from the victim to I Construction at the request of the victim and kept it for the victim.

As above, the Defendant, on November 3, 11 of the same year, kept as down payment for H multi-household construction, paid 19 million won to I Construction under the name of the Defendant’s mother J, and embezzled 19 million won by using it for personal use around that time.

Summary of Evidence

1. Legal statement of witness G, K and L;

1. The prosecutor's statement to K;

1. Protocol of the police statement concerning G;

1. Each certification of K;

1. Application of Acts and subordinate statutes to the details of passbooks, construction contract, standard contract, each contract agreement, and commencement report completion certificate;

1. Article 355 and Article 355 of the Criminal Act applicable to the crimes;

1. Part of not guilty under Article 62 (1) of the Criminal Act (the victim does not want the punishment against the defendant by mutual consent with the victim);

1. On June 13, 2009, Defendant B entered into a contract with G, the agent of the victim F, for the construction of a single-story house in Dongjak-gu Seoul Metropolitan Government (hereinafter “multi-household house”) to the third floor building (studio 8:10,000,000 construction cost, and for the construction period of August 25, 2009, the summary of the facts charged is as follows: (a) around June 13, 2009, Defendant B entered into a contract for large-scale repair and extension of the three-story house in Dongjak-gu Seoul Metropolitan Government (studio 8:10,000,000,000 construction cost; and (b) up to August 25, 2009; and (c) the lease of the above multi-household house was able to be remodeled into a

Defendant 2.3