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(영문) 대구지방법원 서부지원 2016.07.01 2015고정1083
횡령등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 2014, the Defendant had a victim C-owned housing 2 located in Daegu Seo-gu, Seogu, 2014, repair work for the victim C-owned housing 2.

On November 20, 2014, the Defendant received a loan of 57 million won as collateral real estate located in Cheongdo-gun located in the name of the victim from the Cheongdo-gun branch of the Cheongdo-si Livestock Development, the Defendant entered into an agreement with the victim to manage the head of the agricultural bank (E) that deposited the said loan, and to disburse the funds necessary for the housing repair work.

Nevertheless, from November 20, 2014 to February 9, 2015, the Defendant deducted KRW 12,376,149 from the above account.

In addition, it voluntarily consumeds it for personal use and embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each investigation report (to attach the details of account transactions with a complainant, to attach documents submitted A, and to attach the details of projects submitted G to construction business operators);

1. Application of Acts and subordinate statutes to construction specifications, construction contract, housing facility contract, revenue specifications, revenue specifications, loan certificates, transaction statement of self-reliance deposits (CC name NongHyup account), G-preparation (Non-Collection of Works Costs), disbursement statements, and copies of checks (G payment details);

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The portion not guilty under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Proceedings;

1. Facts charged;

A. A. On October 2, 2014, the Defendant forged a private document: (a) drafted a housing facility contract with the victim to perform housing repair works in the Daegu-gu, Seogu; (b) stated “I” in the name column of “B” in the above contract; and (c) affixed the seal of the said I on the name side of the said I.

Accordingly, the defendant has come to the name of the above I, a private document concerning rights and duties without authority for the purpose of uttering.

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