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(영문) 인천지방법원 부천지원 2016.07.08 2015고단865
횡령
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of the FF corporation located in Kim Jong-si, who is in charge of production and estimate work and material management of the FF corporation.

Defendant

B is a person operating F Co., Ltd. and F Co., Ltd.’s representative director G Co., Ltd., a de facto one company, and entered into a contract between F Co., Ltd. and F Co., Ltd.’s H around December 2013 to supply materials from damaged persons, and supply and install K Co., Ltd.’s apartment within 155 households, newly constructed by K Co., Ltd., Ltd., which received materials from damaged persons.

Defendants from January 7, 2014 to the same year

2. The same year from January 20, 2014 to January 20, 2014 while receiving PB and MDF materials equivalent to a total market value of KRW 175,897,975 from large-scale crowdfunding, which entered into a supply contract with the victim until July 20, and storing them for the victim;

2. By October, 200, F Co., Ltd used the PB and MDF materials equivalent to the total market value of KRW 96,530,500 to the apartment construction of the Donam Apartment Construction Co., Ltd., in which the F Co., Ltd took effect at family, and embezzled the above materials owned by the victim at will.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement of the witness H and L in the second public trial record;

1. Statement made by the police with H;

1. Lritten statements;

1. Details of supply of materials;

1. Written estimate (F);

1. An explanation;

1. Detailed statement of transactions;

1. A delivery contract;

1. Determination as to the Defendants’ assertion on the purchase agreement of goods

1. Defendants’ assertion

A. According to a contract for the supply and installation of main household between the Defendants and the Defendants’ ownership of the materials supplied by the Defendants on or around December 2013, 2013, the PB and MDF materials (hereinafter “instant materials”) that the F Co., Ltd. operated by the Defendants (hereinafter “F”) received from Jins PB and MDF materials (hereinafter “F materials”).

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