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(영문) 서울남부지방법원 2016.08.18 2016고단2227
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From the early April 2014 to the early February 2015, the Defendant is a person who served as a field warden of D construction sites performed by the Victim C corporation.

E, a part of the mold work leader of the above Corporation, confirmed the labor provider who provided daily labor and reported daily to the defendant. Based on this, the defendant prepared and submitted a performance-based performance-based report and labor cost payment statement to the victim company every month and received labor cost from the victim company to E and received labor cost payment from the victim company.

While the Defendant was in charge of the foregoing duties, he claimed a unit price per person of labor costs to the victim company, and had the victim company pay the difference between the labor cost paid by the victim company and the actual labor cost paid by the victim company, with the intent to use the difference for various expenses or personal debt repayment, etc. of the Defendant.

Therefore, the Defendant filed a claim for KRW 34,500,700,000 for the labor cost of June 2014, calculated by 1.60,000 won for the daily labor cost of one person around August 5, 2014.

6. During the transfer of KRW 30,010,000, which is a part of the above amount, to the E Postal Account (F) and kept for the victim company, the Defendant transferred KRW 2,001,00 to the Defendant’s SC Bank Account on the same day, and used it arbitrarily for the purpose of meeting expenses or personal living expenses, etc. around that time, and then, from January 7, 2015 to January 7, 2015, the amount deposited into the above Postal Account through E (7) times in total, as indicated in the attached crime list, was received through the transfer of money directly from the said Postal Account through E, or the Defendant embezzled the total amount of KRW 26,801,00,000, which is the victim’s possession, by arbitrarily using it for the purpose of meeting expenses, living expenses, and the Defendant’s personal debt repayment, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written investigation of the suspect by the prosecution against the defendant or E (including the G statement part);

1. Statement made by the prosecution with regard to G;

1. Monthly piece rates;

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