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(영문) 제주지방법원 2020.12.02 2020고단913
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, 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

To the extent that it does not undermine the defendant's right of defense, part of the facts charged in indictment was revised.

[criminal power] On February 6, 2020, the Defendant was sentenced to a suspended sentence of one year for a violation of the Labor Standards Act at the Jeju District Court on June 6, 202, and the judgment became final and conclusive on February 14, 2020.

【Criminal Facts】

The Defendant is a person operating “D”, which is a human body construction company in Section B of the Jeju Building C, and the victim E is a person operating “G”, which is a human body construction company, from Section C of the Jeju Building.

Around June 10, 2019, the Defendant received orders from the victim for the H building I (hereinafter referred to as the “instant remodeling construction”) at the office of “D” and entered into a business agreement with the victim to take charge of design and design, to make a written estimate, and to distribute profits therefrom, the Defendant directly entered into a contract with the owner of the building, and immediately transfer the price to the victim in full, and the victim used the transferred price to pay the cost necessary for construction, and then divide the final profits by settling accounts with each other at the time of completion of construction.

Pursuant to the foregoing agreement, the Defendant entered into the instant remodeling construction agreement with the owner of the building on June 18, 2019 with the owner of the building, and entered into a contract for the instant remodeling project with the owner of the building on the cost of KRW 116 million on July 9, 2019, KRW 5 million on or around July 10, 2019, and KRW 40 million on or around July 10, 2019, transferred the sum of KRW 35 million from the said J to the K Association account in the name of the Defendant as the down payment, and had the victim keep the funds for the victim.

However, around July 10, 2019, the Defendant: “Around July 10, 2019, the Defendant was paid KRW 20 million with a contract deposit” to the victim; among them, KRW 2 million with the consent of the victim, as necessary expenses of the Defendant, shall be KRW 18 million with the consent of the victim.

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