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(영문) 서울중앙지방법원 2013.05.16 2013고단1007

횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant operated the construction business under the trade name “D” in Dongjak-gu Seoul Metropolitan Government C.

The Defendant completed the subcontracted construction work with the victim I, J, K, L, M, N,O, P, and Q, located in Jeonnam-gun G from July 2010 to February 201 from the building owner E and the building owner F (hereinafter “new construction work”). However, the Defendant subcontracted the stone construction work with the amount of KRW 75,00,00, the subcontracted construction work amounting to KRW 51,492,00, the subcontracted construction work amounting to KRW 51,492,00, the subcontracted work amounting to KRW 62,870,00, KRW 17,740,000, KRW 30,80, KRW 30,00, KRW 70, KRW 00, KRW 700, KRW 70, KRW 700, KRW 700, KRW 700, KRW 50, KRW 700, KRW 700, KRW 70, KRW 205, KRW 700, KRW 200, KRW 7500.

As the Defendant and the victims were not paid the construction cost as above, in the Dongjak-gu Seoul Metropolitan Government R restaurant on June 201, the Defendant recovered the construction cost on behalf of the victims by means of filing civil and criminal lawsuits against E and F on behalf of the victims, and concluded a delegation agreement with the victims to distribute it to the victims.

After that, the Defendant filed a complaint against E and F in fraud with the police station around July 22, 201 upon the delegation of the victims, and used F to pay KRW 18,00,000,000 as construction cost, around October 31, 201, around November 1, 201, and KRW 10,000,000, around March 31, 2012, and KRW 50,000,000, in total, around March 31, 2012, while the Defendant transferred the Defendant’s credit materials to the bank account in the name of the Defendant to pay KRW 20,00,000,00 for the victims, around November 2, 2011.

The Defendant paid the Defendant’s debt over 16 times, as stated in the list of offenses, with the money that he had been in custody from around that time to April 30, 2012.