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(영문) 광주지방법원 2013.05.01 2012고정2172
횡령
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, as an operator of the C&A, was awarded a contract for the E-tel construction on four lots, such as Pyeongtaek-si D, and suspended the construction due to the failure of the event.

After that, G Co., Ltd. with the victim F as the representative director came to have a public auction of the above construction site, and G contracted the above construction to H Co., Ltd., the representative director, and the victim agreed to transfer the management right of H Co., Ltd. to the defendant so that the defendant may continue the above construction.

On April 16, 2010, the victim agreed to deliver the profits accrued to H Co., Ltd. through the above construction instead of cancelling the above agreement to transfer the management rights of H Co., Ltd. to the defendant at the G Office located in Gwangju-si, Gwangju-si, to the defendant, and agreed to transfer the construction cost to the defendant in lieu of the payment of the amount of the office ownership equivalent to the amount of the defendant's claim by settling the construction cost after the completion of construction, by issuing each sales contract for 15 bonds of the above

While the Defendant kept 15 copies of the above sales contract for the victim on April 2010, the Defendant embezzled the sales contract for each of the 12 bonds out of the 15 bonds of the 15 bonds of the above studios of the 15 bonds of the office building (Nos. 509, 510, 511, 512, 516, 517, 518, 519, 519, 523, 524, 525, and 526) among the 15 bonds of the above 15 bonds of the office building in the Doro-Eup of Pyeongtaek-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of the witness J;

1. Application of Acts and subordinate statutes to certificates of authentication, certificates of storage, and sales contracts;

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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