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(영문) 울산지방법원 2016.11.24 2016고단3243

횡령

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 30, 2014, the Defendant: (a) concluded a lease agreement from the D Office, Inc., Ltd., the Defendant’s operation of the Defendant (hereinafter “Defendant”) to lease construction materials to be used in the G hotel construction site under the Defendant’s construction work; and (b) to return construction materials at the time of the completion of the construction work; and (c) received construction materials, such as short pipes, pipes, liftss, and oil pumps at around that time.

On July 31, 2014, from around July 2, 2015 to around July 2, 2015, the Defendant used the construction materials leased as above at the construction site located in Ansan-si, and kept them for the victim, and was required to return them several times by the victim’s company, but around that time, the Defendant arbitrarily disposed of the construction materials, including the amounting to KRW 5,872,50,000 at the 40 foot powder pipe 405 market price, and the amounting to KRW 13,810,00 at the market price, as shown in the attached list of crimes.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of suspect examination of the accused (including I statements);

1. Statement of the police officer to I;

1. A complaint;

1. Lease contract, lease rate estimate, settlement statement of loss and loss, content certification, remaining quantity, mail delivery certificate, details of lease collection, and remaining quantity of rental materials;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 355 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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