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(영문) 대구지방법원 2014.03.27 2012고단6352
업무상횡령등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A, Defendant B, and Victim F entered into a subcontract for the interior work from around December 2010 to A, 2010 with respect to the interior work of Alan-ri G Jeong-ri Construction Co., Ltd., and Defendant A was in charge of domestic affairs, Defendant B was in charge of financial management, and Defendant F was in charge of the local construction work of Alan-ri, and the victim F agreed to distribute the profits after completing the said construction work.

The Defendants received KRW 1.1 billion from the national bank account (H) in the victim’s name during the course of performing the said construction work from the victim F, and kept the same for the victim’s business.

1. On February 15, 201, Defendant A, at the same location of the New Cancer National Bank of the Daegu-dong National Bank, deposited KRW 22,739,00 from the National Bank account (H) of the said victim and embezzled by arbitrarily consuming KRW 152,87,150 over 19 times until November 1, 201, as indicated in the attached Table 1, until around November 1, 2011.

2. Around March 2, 2011, Defendant B collected KRW 2,702,40 from the account of the said victim’s National Bank (H) at a branch of the distribution complex of the National Bank, and consumed them as living expenses, etc., as shown in attached Table 2, the same year as indicated in attached Table 2.

8. Until August 18, 198, 32,704,80 won was withdrawn or transferred over six occasions and embezzled at will.

Summary of Evidence

1. The defendant A's partial statement in the third protocol of trial;

1. The Defendants’ partial statements in the fourth trial records;

1. Statement made by the witness F in the seventh and tenth trial records; and

1. The description of each part of the prosecutor's office and police interrogation protocol against the Defendants (including each FF statement);

1. Statement of the police statement concerning F;

1. An agreement;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Each of the Articles 356 and 355(1) of the Criminal Act comprehensively covers relevant Articles of the Act and the choice of punishment for the crime;

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