beta
(영문) 제주지방법원 2016.10.20 2015고단1634

횡령등

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year;

However, for three years from the date this judgment became final and conclusive, as against Defendant A.

Reasons

Punishment of the crime

【Defendant A was sentenced to imprisonment with prison labor for a violation of the Subsidy Management Act, etc. by the Jeju District Court on October 28, 2015; the judgment dismissing the appeal at the Jeju District Court on July 14, 2016; and the judgment above became final and conclusive on September 23, 2016 by the Supreme Court on September 23, 2016.

【Criminal Facts】

1. Defendant A (Embezzlement) is a person who actually operates E (Representative F) Co., Ltd. holding a comprehensive construction license. Around December 2, 2014, the Defendant agreed to have the victim B, the constructor, perform the said construction work under the name of the said company at the site of “H remodeling Construction” located in Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, and to pay the remainder of the construction cost to the victim.

On February 3, 2015, the Defendant received KRW 112,40,000 from the owner of the said building to the Agricultural Cooperative account in the name of the said company, and embezzled 1,590,000 won, excluding the above KRW 6,500,000,00 for the victim, using it on his/her own, as repayment of the Defendant’s personal debt, etc.

2. A constructor (violation of the Framework Act on the Construction Industry) shall not allow any other person to receive a contract for, or perform, construction works using his/her name or trade name, and the other party shall not knowingly receive a contract for, or perform, such construction works;

Nevertheless, at the date, time, and place of the above paragraph (1) above, the Defendants had Defendant B receive and perform the above construction work using the trade name of the above company, and Defendant B received and performed the above construction work using the trade name of the above company.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police officer to I;

1. A copy of a statement of performance, and a statement of payment;

1. Standard contract documents, name cards (J representative A), commencement report, construction technology records, and construction technology records of private construction works;