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(영문) 인천지방법원 2017.08.18 2016고정2498

횡령

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant has been aware of about 15 years prior to the victim C as a member of the Young Construction Co., Ltd. (State) affiliated with the defendant.

When a person who suffered damage from bad credit standing is ordered to remove the construction work and the interior work, the defendant was ordered to receive the construction cost from the corporate bank account (D) in the name of the defendant, and again transferred the price to the E corporate bank account in the name of the damaged party.

On September 20, 201, the Defendant received and retained KRW 3,00,000 from F to the account in the name of the Defendant’s bank account, from September 20, 201 to November 3, 2011, totaling KRW 36,06,666 on 13 occasions from around September 20, 201, and stored for the victim for the sake of the victim. At around that time, the Defendant transferred only KRW 29,40,000 to the account in the name of E, and embezzled the remainder of KRW 6,66,666 for personal use.

Summary of Evidence

1. Entry of the witness C’s legal statement in the third public trial protocol;

1. A protocol concerning the examination of the accused by the prosecution (C confrontationment of the accused);

1. Application of Acts and subordinate statutes on the statement of separate account transactions (the 15th page of investigation records);

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;