횡령
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 2007, the defendant received a subcontract in the development of the Incheon Mine Industry, and was working for the construction project, the defendant was sub-subcontracted with the construction project site located in Yeongdeungpo-gu Seoul Metropolitan Government Etel and was working for the steel and the tree leader.
On August 29, 2007, at the D office in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant heard that the victim did not receive the remainder of KRW 190,000,000,000,000 in the construction cost of KRW 190,000 from the development of the Incheon Mine Industry, and that the Defendant could not pay the wages of the Defendant and the his employees. The Defendant received the claim for the above unpaid construction cost from the development of the Incheon Mine Industry, and then received the Defendant’s wage of KRW 80,00,000,000 from the development of the Incheon Mine Industry, the Defendant agreed to pay the victim the remainder of KRW 40,000,000,000 after deducting the Defendant’s wage of KRW 30,000 from the Defendant’s wage of KRW 10,000.
Pursuant to the above agreement, the defendant used the amount of KRW 20 million as wages of the defendant and G, KRW 10 million on August 14, 2008, KRW 10 million on Nov. 20, 2008, KRW 13 million on January 13, 2009, KRW 60 million on March 19, 2009, KRW 70 million as the passbook in the name of the defendant bank in the name of the defendant, and embezzled the amount of KRW 40 million on March 19, 2009, KRW 20 million on September 20, 200 as wages of the defendant and G, and then embezzled it under the name of the attorney's expenses, wages, etc. around that time.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of a performance agreement and a detailed statement of banking transactions statutes;
1. Article 355 (1) of the Criminal Act applicable to the crimes. Article 355 (Selection of Imprisonment or Imprisonment);
1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the fact that the defendant does not seem to have individually useful the embezzlement and has repaid 4 million won out of the amount of damage, etc.) or more;