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(영문) 대전지방법원 2020.07.21 2020고정346
횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 10, 2019, the Defendant agreed to pay 190,000 won per day to the victim D who operates C at the construction site of the instant construction site between the victim D and the victim D who operated C, for each of the 190,000 won per each day when he/she supplied the persons who will engage in the mold and spathing. The Defendant was provided with labor from three members belonging to the victim company six times from January 10, 2019 to the 17th of the same month.

Around May 14, 2019, the Defendant received construction cost of KRW 4,000,000 from the Cheong High School, the original office, in the name of the Defendant, from the Agricultural Cooperative (F) account under the name of the Defendant, and embezzled the labor cost of KRW 3,120,000 for the victim.

Summary of Evidence

1. Statement made to D by the police;

1. Investigation report (Evidence-Submission of Evidence-written consent to delegation of the receipt of wages), investigation report (specific amount of damage), investigation report (Change of name of a crime), investigation report (Submission of Suspect Evidence-detailed statement of deposit transaction);

1. Application of six copies of work certificates and one copy of work certificates under the Acts and subordinate statutes; and

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: A fine not exceeding 15 million won;

2. Determination of sentence shall include the amount embezzled by the defendant, the circumstances in which damage recovery is deemed difficult, and the age, character and conduct, environment, motive, means and consequence of the crime, and the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the circumstances after the crime, etc.

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