횡령
The defendant is innocent.
The summary of the facts charged is that the defendant, as the representative director of the Dispute Resolution Co., Ltd., entered into a subcontract for the supply and construction of steel materials to be installed in the victim LABF and the fish AF factory partnership (hereinafter “the construction site of this case”). The defendant made and supplied steel materials purchased from the F in the Dispute Resolution Co., Ltd. in a ton amount of KRW 148,00 per ton, decided to install the steel materials in a ton amount of KRW 256,00 per ton of the construction site of this case, and decided to return the remaining steel materials to the victim. Thus, the defendant is in the position of a person who keeps the said steel materials for the victim Co., Ltd.
The Defendant was supplied with steel scrap materials of a total amount of 1,276.2129 tons (one million won per ton) from March 14, 201 to September 5, 201 under the subcontract agreement, and kept in custody for the Fund. From June 9, 2011 to September 23, 2011, the Defendant manufactured and supplied approximately 885.53 tons (including about 10% of the loss in the production process) to the instant construction site, and supplied them to the instant construction site without returning it to H on July 16, 2011 and around July 19, 201, and without returning it to H on September 26, 2011, to the victim 9.30 billion tons (including KRW 10% of the loss in the production process) and without returning it to H on September 26, 2011.
The crime of embezzlement is established when a person who keeps another's property has embezzled or refused to return the property.
The term “storage” in this context means the possession of the property in fact by the consignment relationship with another person with the reservation of the ownership of the property.
In compiling the evidence of this case, the following facts may be acknowledged.
In other words, ① The LAF has been awarded a construction contract from E for the construction work within a small and medium group, and among them, the construction work for the steel frame manufacturing and construction work was subcontracted to the Defendant-ABBD.
(2) The above subcontract shall be made by the defendant in the credit rating company F.