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(영문) 춘천지방법원 영월지원 2014.08.12 2013고단557
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 25, 2012, the Defendant was sentenced to additional collection of KRW 40 million in October, 2010 by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the said judgment became final and conclusive on July 5, 2012.

C Co., Ltd. (hereinafter referred to as “C”) had a contract for reinforced concrete construction work in the military unit located in the Seocho-gu, Soyang-ri, Changju, Inc. from the filial force, and the Defendant is a C’s director who managed the said construction site.

around April 201, the Defendant, at the construction site, sold the instant material to H’s actual operator, even though he/she did not obtain any permission from the victim or F or C’s actual operator G with respect to the disposition, while the Defendant was in custody of 6012 water pumps 3,742 and 6m pipe 5,262 (hereinafter “the instant material”).

Accordingly, the Defendant embezzled the property owned by the victim.

Summary of Evidence

1. The defendant's partial statement (the purport that the material of this case is sold to I in the construction site of the original military unit);

1. Each legal statement of witness F and G;

1. Examination protocol of the accused by the prosecution (including I's statement part);

1. Previous convictions: Criminal records and investigation reports (in addition to judgments) [the defendant and his defense counsel asserted to the effect that there is no criminal intent of embezzlement since they obtained permission from G for disposal of materials, but according to witness F and G's statements, according to witness F and G's statement, the defendant was aware that the material of this case is not owned by C, and that there is no permission from the victim, F or G for such disposition. Thus, the criminal intent of embezzlement is sufficiently recognized]; the application of the relevant Acts and subordinate statutes;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. The Criminal Act dealing with concurrent crimes;

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