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(영문) 인천지방법원 2014.04.07 2012고단8525
횡령
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 12, 2011, the Defendant concluded a lease agreement with the victim L, operated by the victim L, in the M office operated by the victim L, in Incheon Seo-gu, Incheon, on the condition that construction materials, such as water pumps, water pumps, and soft, equivalent to the total market price of 49 million won owned by the victim, should be leased from the victim until October 13, 201.

The Defendant, according to the above lease agreement from June 13, 201 to around 22, 201 of the same month, was supplied with construction materials equivalent to the above amount by the victim at the construction site of the Oconvalescent hospital construction site and Qwon Housing site located in five parcels outside Chungcheongnam-si N, and kept them for the victim, while the financial standing of the Defendant was difficult to use the construction materials owned by the victim as construction cost.

Accordingly, on August 201, the Defendant moved construction materials that had been at the construction site of Qwon Housing into the construction site of the Oconvalescent Housing, and embezzled construction materials that had been at the construction site of the Oconvalescent Housing at the construction site of the above Oconvalescent Housing, in which the total market value of KRW 49 million was at the construction site of the above Oconvalescent Housing, and

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement of each police statement against L, R, S, T, or U;

1. L's complaint form and attached documents (a contract for temporary rental, material order form, written request, statement of transaction, content certification, content certification, payment note, material removal note, material transfer and takeover contract, copy of passbook, copy of passbook, photograph, and business registration certificate);

1. Application of additional Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and the reasons for sentencing under Article 355 (1) of the Criminal Act choosing imprisonment;

1. Aggravation area among the scope of embezzlement crimes of at least 100 million won but less than 500 million won: Imprisonment with prison labor for at least two years - five years (special sentencing factors): Where serious damage is inflicted on the victim;

2. A favorable circumstance such as the Defendant’s decision of sentence reflects the instant crime, but on the other hand, the amount of damage to the victim is the maximum amount and most of them.

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