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(영문) 수원지방법원 안산지원 2013.07.05 2013고단731

횡령

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant, as the representative director of the construction company, as a consideration for the introduction of a person who lends KRW 300 million to D, the owner of the building company, the Defendant: (a) received the order of construction work “The E reclamation Work Project in Chungcheongnam-gun, Chungcheongnam-gun; (b) introduced the victim G to D through F; and (c) around March 31, 2008, the victim G provided two copies of the contract for the sale of the commercial building (store size 22 and Zone 7) at the H stock company office operated by D as security and provided D with KRW 100 million.

On April 4, 2008, the Defendant received 200 million won out of 300 million won from the victim's loan to D at the notary public, law firm North Korea-dong, Seoul Special Metropolitan City, 670-9, a notary public, a law firm North Korea-dong, a law firm North Korea-dong, through F, a relationship with the victim's engagement, and delivered it to D.

The Defendant paid 40 million won out of 200 million won to F for a loan, and again paid 160 million won out of 200 million won for the victim, and the Defendant did not deliver 160 million won to D the above 160 million won for the reason that D did not prepare a construction contract for the construction contract for the “The E reclamation Work Project in Chungcheongnam-gun, Chungcheongnam-gun.” From April 20, 2008 to November of the same year, the Defendant arbitrarily used 15 million won for the office rent, 5 million won for the above office fixtures, 5 million won for the above office interior work expenses, 5 million won for the above office interior work expenses, 5 million won for the appraisal and incidental expenses, 30 million won for the appraisal and supplementary expenses, 30 million won for the hotel purchase, 30 million won for the business expenses, 30 million won for the Gyeonggi-si, Daejeon-si, and 17 million won for the business expenses, such as Gyeonggi-si.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. The defendant's statement on the fourth trial date in court;

1. Partial statement of the witness F in the court;

1. F substitute part of the protocol of interrogation of the police against the defendant (No. 1 and No. 80 of the record)

1. Title 1, No. 161, a copy of the bankbook;