(영문) 수원지방법원 2014.07.23 2013고단5991

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(영문) 수원지방법원 2014.07.23 2013고단5991

횡령

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant was a current or former director of E who was awarded a contract for the construction of a new factory from C such as Gwangju City, and the victim F is a person who was awarded a subcontract for the construction of a new factory from E during the above construction.

Around September 29, 2012, the Defendant received the victim’s wage of KRW 19,00,000 from the victim to his own agricultural bank account and kept the victim’s wage of KRW 19,00,000,000 from the victim. Around that time, the Defendant paid only KRW 9,50,000 to the human bank and arbitrarily consumed the remainder of KRW 9,50,000.

In addition, the Defendant, from July 26, 2012 to September 29, 2012, received a total of KRW 40,500,000 from the victim on nine occasions, as indicated in the attached list of crimes, and embezzled the sum of KRW 31,00,000 among the said money by arbitrarily consuming it.

Summary of Evidence

1. The defendant's statement on the fifth trial date in court;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Details of transactions in each account (the sequence 3, 23, 26 of the evidence list);

1. A standard contract agreement on construction works;

1. Copy of corporate register;

1. Application of statutes on business registration certificates;

1. The reason for the sentencing of Article 355(1) of the Criminal Act, including the pertinent legal provisions on the crime and the choice of punishment, [type of crime] - Type 1 of the embezzlement crime group - the amount of profit of less than 100,000,00 won [Scope of Territorial and Recommendations] basic area - From April to April of imprisonment - one year and four months of imprisonment [general aggravated factors] - In the case of embezzlement crime, in the case of embezzlement crime, six months of imprisonment and six months of imprisonment [decision of sentence] - The above sentencing person and the defendant did not make any effort to recover damage even though the amount of damage caused by the crime of this case is considerable in size, and all the circumstances, including the fact that the defendant recognized his mistake.

참조조문

-형법 제355조 제1항

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