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(영문) 대구지방법원 경주지원 2015.03.04 2014고정175

횡령

Text

Defendant

The sentence of sentence against A shall be suspended.

Defendant

B. The summary of the judgment of innocence against Defendant B.

Reasons

Defendant A(Defendant A) is a person who has worked as a director of Defendant D Co., Ltd.

On August 20, 2012, E Co., Ltd., a victim, ordered "G" ordered by F to be subcontracted to D Co., Ltd. to manufacture structures, and entered into a contract to purchase raw materials used in this case from E Co., Ltd. and supply them to D.

D Pursuant to the above contract, around September 1, 2012, a corporation was supplied with raw materials equivalent to KRW 46,530,000 at its market price from E and kept them.

However, on September 22, 2012, while the two companies did not commence construction due to disputes over advance payment, the subcontract contract between the two companies was reversed and the raw materials stored in D were returned to E.

At this time, Defendant A demanded the victim to pay remuneration for the efforts of the Defendant spent for the receipt of orders and preparation of the above construction works, and the said raw materials have yet to be stored in D, the Defendant refused to return the said raw materials until the settlement of the repair until October 12, 2012, Defendant A disposed of the said raw materials at his own discretion after receiving KRW 28,675,200 with the scrap metal located in Ulsan-si, Ulsan-si.

Accordingly, Defendant A embezzled raw materials worth KRW 46,530,00 at the market price owned by the victim.

Summary of Evidence

1. A witness I and each part of the court's each legal statement;

1. Each protocol of examination of suspect against the Defendants (including cross-examination)

1. Protocol concerning the examination of suspect to the K;

1. Statement of each prosecutorial statement against L and J;

1. Each police statement concerning I and L;

1. An investigation report (Submission of Ma of Witnesses), an investigation report (to be made with the J of Witnesses), a criminal investigation report (to be submitted), a criminal investigation report (to be submitted), a written complaint, a written complaint, a criminal investigation report, a criminal investigation report (to be accompanied by a copy of a document of payment of materials), a criminal investigation report (to be accompanied by a copy of a document of payment of materials), a criminal investigation report (to be requested to submit data of remittance of purchase price from N of Witnesses), a statement of payment of purchase price,