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Reasons
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(영문) 수원지방법원 2016.12.08 2015고단6391
횡령등
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

"2015 Highest 6391"

1. The Defendant, a person operating C, concluded an agreement with D, a victim, on June 15, 2012, to collect and transport the scrap metal purchased at the E-construction site and transport it to the victim or the place designated by the victim.

The Defendant collected and stored scrap metal at the camping site, etc. of the F Co., Ltd. F Co., Ltd. in Osan-si in Gyeonggi-do and used it for personal purposes without transporting the scrap metal equivalent to KRW 134,730,431 at the market price from June 15, 2012 to April 15, 2015.

Accordingly, the defendant embezzled the victim's property.

"2016 Highest 2113"

2. On November 21, 2014, the Defendant concluded that “I” offices operated by the Victim H of the Seo-gu Incheon Metropolitan Government G Victim H, “The Defendant, at the work site of the J, applied a free contract for the scrap metal coming from the work site and supplied the scrap metal to I” to the victim.

However, in fact, the Defendant was delegated with the collection and transportation of scrap metal from the (ju)D that entered into a contract with the E-construction, and did not have the right to dispose of scrap metal. The Defendant thought that it was used as the Defendant’s operating funds, etc. by receiving down payment from the victim, so there was no intention or ability to deliver scrap metal from the J construction site to the victim.

As such, the Defendant, by deceiving the victim, received 22 million won from the time when he received transfer from the victim to the account of the Cstock Company on the same day to the account of the C Stock Company on the same day until April 16, 2015, and acquired 46 million won in total as shown in the attached list of crimes.

Summary of Evidence

[2015 Highest 6391]

1. Partial statement of the defendant;

1. Legal statement of witness K or L;

1. Examination protocol of the accused by prosecution;

1. The police statement of K;

1. The highest letter, the current status of the Fund in charge of the settlement of accounts (as of June 30, 2015), the lecture materials, the collection of scrap materials, the agreement on consignment management, and the C stock.

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