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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. Prosecutor 1) On February 1, 2014, around 6.6 million won and around February 1, 2014, Defendant A (hereinafter “Defendant A”)’s rent claim against the victim Company D and P (hereinafter “D”) is limited to KRW 4.4 million. In relation to this, the fact that the tax invoice of KRW 6.6 million was issued on January 10, 2014 can be fully recognized.
B) AA was transferred to an account by an investigative agency once a year of the list of crimes in the attached Form 1 at the time.
In full view of the following facts: (a) there is no details of remittance of KRW 3 million to the account of AA; and (b) there is no special reason for the Defendant to pay cash to the actual scene; and (c) there is sufficient support for the Defendant’s embezzlement of KRW 3 million that the Defendant sent the on-site security to AA.
C) A part of the account with respect to the provisional payment that 2V consistently received by himself/herself is stated to be in cash, and the Defendant paid in cash.
was used for the purpose of V
In full view of the fact that embezzlement should be established against the victim company, the above embezzlement can be fully recognized.
D) In full view of the fact that 4V consistently stated that some of the accounts were not cashed, with respect to the provisional payment that he/she received on a consistent basis, the fact that the said embezzlement is sufficiently recognized.
2) On September 21, 2009, Defendant B filed a claim for KRW 2,684,000 against the victim company on September 30, 2009, the victim company filed a claim for KRW 2,684,00 with the victim company on September 30, 2009, and received KRW 200,000 from M to the Defendant’s account on September 30, 2009. The above embezzlement can be fully recognized.
B) Attached Table 2 K’s total construction cost related to H subcontracted construction work is 15,0650,000 won, and the victim company is 17,9440,000.