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(영문) 광주지방법원 목포지원 2017.06.23 2017고단145
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From July 201 to September 201, 201, the Defendant leased the same construction sites as indicated in the [Attachment List, such as oil and Mocop, which are equivalent to KRW 155,617,00 at the market price of the victim corporation from July 201 to September 201, and had the victim corporation keep the said construction sites again for the victim corporation.

1. On April 2012, 2012, the Defendant arbitrarily transferred 930 pumps and 500 bits to C at the oil of approximately KRW 23,950,000 among the construction sites in storage as above, in lieu of the Defendant’s claim against C at the field of a new studio 4 location in which the Defendant was constructed.

2. On May 2012, the Defendant arbitrarily transferred 360 pumps of the construction 6,480,000 won at the market price among the construction sites in storage as above to E in lieu of the Defendant’s claims against the Defendant at the open-end room constructed by the Defendant, who is in Yposi D, in the middle-time, in lieu of the construction sites in storage of E.

3. On July 2012, the Defendant rejected the return of the said construction site by stating that “The said construction site was stolen from C and E, even though the Defendant was demanded by F, a director of the victim company to return the entire construction site, while keeping the construction site, such as oil and spoo, which is approximately approximately KRW 125,187,00,00, of the remaining market price of the remaining site voluntarily transferred at the first place of police.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect interrogation of each police officer in relation to C and E;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to confirm, lease a detailed statement, request for re-return of a construction site, lease contract, investigation report (to be accompanied by borrowed certificates and certificates), investigation report (to be heard from the G site warden H telephone), investigation report (to be accompanied by data submitted by a complainant and hearing of related matters by telephone statements);

1. The grounds for sentencing of Article 355(1) of the Criminal Act (Selection of Imprisonment) on criminal facts and Article 355(1) on the selection of punishment are recognized by the defendant, and the defendant is punished for the same kind of crime.

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