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(영문) 수원지방법원 여주지원 2012.07.04 2012고정18

횡령

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 18, 2009, the Defendant introduced F as a certified architect upon request of the victim D for structural safety calculation and reinforcement design of the Gyeonggi Pyeongtaek-gun E Multi-Family Housing Corporation at the residence of the Defendant, Gyeonggi-gun C Apartment 303 Dong 401, 401, and embezzled F by using F as a national bank account in the name of G designated by the Defendant as a service cost for the above F, which was received 10 million won from the victim and kept for personal purposes around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. A complaint;

1. A detailed statement of passbook payments;

1. Protocol of examination of the witness;

1. Determination on the assertion by the defendant and his/her defense counsel

1. The alleged defendant was paid a price after structural improvement.

2. The following facts can be acknowledged according to each evidence which has undergone legitimate evidence investigation.

① In order to change bearing walls located in the center of the 10th floor and the 11th floor living room while performing new construction as a substantial owner (title mother), D delegated the Defendant with the structural review and design change (hereinafter “instant structural review, etc.”) on the ground of Gyeonggi-gu E, in order to expand living room by changing the bearing walls located in the center of the 11th floor living room.

② Upon introduction from the Defendant, D transferred KRW 2 million to the bank account in the name of G on December 4, 2009, when the Defendant received a demand for payment of money from the Defendant.

However, D demanded that the Defendant bring design drawings to D if the Defendant did not bring design drawings, and the Defendant demanded D to additionally demand KRW 10 million and remitted the design cost of KRW 10 million to the said G account on December 18, 2009.

③ On December 11, 2009, the Defendant remitted F amount of KRW 2 million to F.

F means the structural calculation of the above apartment in the building structure of Co., Ltd. on December 4, 2009 for KRW 2.8 million.