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(영문) 대전지방법원 서산지원 2018.09.12 2017고단973
업무상횡령
Text

Defendant

A Imprisonment for 6 months, Defendant B’s imprisonment for 8 months, Defendant C’s imprisonment for 6 months, Defendant D, E, F, and G respectively.

Reasons

Punishment of the crime

[criminal record] On March 9, 2017, Defendant A was sentenced to imprisonment for not less than eight months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) in the branch court of the Jeonju District Court, and the above judgment became final and conclusive on the 15th of

[Status of Defendants A and C (hereinafter referred to as “Ci”) are the employees of the “L” corporation affiliated with the Corporation in the team of the victim K K K. (hereinafter referred to as “K”), respectively.

M served as the site manager of K's "N", a subcontractor for electrical construction, and the Center as the site manager of K's "P", a subcontractor for electrical construction.

Defendant

B as a transport source of Q Q Q, the delivery of the door-to-doors carried into and out of K. Defendant C is an employee of “R”, who is the subcontractor for electrical construction, Defendant D is the site warden of “S”, who is the subcontractor for electrical construction, Defendant E is the field warden of “T”, who is the subcontractor for electrical construction, the employee of “N”, Defendant F and Defendant G, Defendant H and Defendant I are the security guard of “U”, who is the special security guard of Korea.

[Business Entrustment Storage] The Victim K Co., Ltd. subcontracted construction to many collaborative companies, purchased electric wires necessary for the execution of the above construction at the expense of the injured party, and supplied them to the collaborative company. Under a contractual relationship between the injured party and each collaborative company, the injured party ordered each collaborative company to return all remaining electric wires after the execution of the electrical construction to the "waste cable storage box" installed in the open-air shop, and occupied and managed the remaining amount of electric wires by installing corrective devices in the surrounding area and assigning security guards. As such, each collaborative company was in the position of occupational possession and storage for the injured party.

During that process, Defendants, Ci, M, andO have electric wires remaining after the execution of electrical construction at the above K open site.

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