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(영문) 부산지방법원 동부지원 2012.08.31 2012고합135

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for three years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant is the actual operator of K, Inc., which is in the J in Syang-si, and the victim Jindo-do Co., Ltd. (hereinafter referred to as the “victim Co., Ltd.”) is a company in which L is actually operating.

On March 19, 2009, the victim company entered into a contract with K on August 6, 2009 for reinforced concrete construction among the Busan Video Center construction works, and entered into a contract for steel processing supply with K on August 6, 2009 for the said construction.

On August 6, 2009, from around March 3, 2010 to around March 3, 2010, the Defendant, while processing only 9,829 tons of steel reinforced materials supplied by the victim company in accordance with the above processing delivery contract from the victim company at K work site, and supplied them to the victim company (return equivalent to 138 tons) by arbitrarily disposing of the remainder of 1,522 tons and consuming them for personal purposes, such as using the proceeds to purchase the land. As such, the Defendant embezzled KRW 1,540,000,000 and KRW 1,522 tons of steel reinforced materials that were kept in custody for the victim company.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Each statement of M and N in the first interrogation protocol (M, N, and comparison) of the accused prepared by the prosecution against the accused;

1. Statement M in the second interrogation protocol (M and comparison) of the accused prepared by the prosecution against the accused;

1. Each statement (including attached documents) of a police officer's statement about M, L, andO;

1. Entry of an investigation report prepared by the prosecution (examination of whether there is a suspicion of this case);

1. Each investigation report on police preparation (including the attachment of data, the attachment of a list of total tax invoices, the details of transactions in which a suspect A sells steel bars, and the general public);

1. Statement (including attached documents) of the police record on seizure;

1. Each description or image (including attached documents) of the statement on the preparation of Jindo-do building and the statement of the complainant;

1. The application of Acts and subordinate statutes to record recording records of the production of Qua belonging to the P Office;

1. Article 1 of the former Specific Economic Crimes Act shall be comprehensively included in the relevant criminal facts.