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(영문) 서울동부지방법원 2016.07.21 2016고단672
횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Around August 19, 2013, the Defendant entered into a sales contract with the victim Dog-do Office located in E, E, an employee in charge of the victim company, and the Defendant entered into an agreement with the victim company, stating that “When the Defendant is supplied with a temporary building re-supply from the victim company after receiving a temporary re-supply from the victim company, the payment shall be made in installments for six months from the last day of the following month following the supply, and the ownership of re-ownership of the said temporary building is reserved in the victim company until the payment is made in full, and no act detrimental to the victim company’s ownership is allowed.”

Since August 28, 2013, from around October 2010 to around October 10 of the same year, the Defendant: (a) supplied the victim company with new construction sites, such as 326,243,170 won in accordance with the above contract; (b) paid only the amount equivalent to 112,416,250 won to the victim company until August 2014 while keeping the victim company for the sake of the victim company; and (c) sold half of the materials owned by the victim company to F, etc. from around August 28, 2013 to August 31, 2014; and (d) embezzled the amount equivalent to 326,243,170 won in the market price owned by the victim company, by selling the whole of the said temporary sites to F, etc. in order from around August 31, 2013 to August 31, 2014.

Summary of Evidence

1. Each legal statement of witness E and G;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Statement made by the prosecution against E;

1. Statement made by the police for E;

1. A contract for the snow sale of construction works, each electronic tax invoice, each sales statement, each repayment plan, each text, the details of outstanding amounts, and the details of supply;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to Contract-Related e-mail);

1. Relevant Article 355 of the Criminal Act concerning criminal facts and Article 355 of the Criminal Act concerning the defendant's choice of punishment (the choice of imprisonment).

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