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(영문) 부산지방법원 2018.06.20 2017고정764
횡령
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 7, 2014, the Defendant was delegated by the Victim C with the removal of toilets and waterproof construction works on the D Apartment No. 107 Dong 1602, Busan High-gu, Busan High-gu, and accordingly, the Defendant decided to allow the removal of toilets and other works on the above apartment.

In addition, on September 2014, the victim paid 3 million won in cash from F located in Busanjin-gu, Busan and directly purchased the materials necessary for the above construction, and the defendant used the materials purchased by the injured party as above, and the remaining materials were managed by the defendant within the above D apartment 107 Dong 1602, and the defendant was to return them to F.

around September 10, 2014, the Defendant continued to perform the construction with materials, such as the others purchased as above, and completed the construction on or around October 3, 2014. Of the materials purchased by the victim, 10 boxes per floor (11,000 won per 1,000 won, total of 110,000 won), 8 boxes from the walll day (16,000 won per 1 gambling, total of 128,00 won), 3 boxes from the outside walll day (22,00 won per 1 gambling, total of 6,00 won), 7 boxes from the outside walll day (22,00 won per 22,00 won, total of 6,00 won per 1 gambling, total of 20,000 won, total of 20,04 won).

While the Defendant kept the remaining materials after performing construction work on behalf of the victim as above, between October 3, 2014 and October 4, 2014, the Defendant loaded the aforementioned remaining materials in D Apartment 107 Dong 1602.

1 ton truck with the defendant's house located at the Busan Dong-gu G, Busan, which is the house of the defendant.

Accordingly, the Defendant embezzled the property amounting to KRW 424,00 in total of the market price owned by the victim.

Summary of Evidence

1. Entry of part of the witness H in the fourth public trial record;

1. The witness C and I's respective legal statements;

1. A protocol concerning the police and suspect examination of the accused by the prosecution;

1. Second police statements made to H:

1. Application of Acts and subordinate statutes governing recording records;

1. Article 355 of the Criminal Act applicable to the crime and the choice of punishment.

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