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(영문) 울산지방법원 2015.06.11 2015고단128
횡령
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The defendant is the representative of D Co., Ltd. in the racing-si, and the victim E Co., Ltd. is a person who requested the construction of the above D Factory from the defendant.

When the Defendant was unable to pay approximately KRW 200 million to the victim of the construction cost of the above factory, around February 24, 2014, the Defendant entered into a contract for the performance of construction cost payment with the victim’s representative director F and the unpaid construction cost paid in kind with the Defendant’s own machinery and appliances. However, on December 31, 2014, the Defendant entered into a contract for the performance of construction cost payment with the purport that the Defendant would use the acquired machinery and appliances as a means of occupancy revision until December 31, 2014, and entered into a contract for transfer and takeover with the intent to transfer presses, lines, smugglings, tampers, etc. on the date of

On June 18, 2014, the Defendant kept the said machinery for the victim, at the above factory office, on which June 18, 2014, sold at KRW 12 million to G 560-200 treatment base, 2 smugglinging 1 unit, 1 unit, KW-650C attachment 1 unit, YD-50K attachment 1 unit, YD-50K attachment 1 unit, CO2 ARC attachment 1 unit to G.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Some of the suspect interrogation records of the accused to the prosecution (including the F substitute part);

1. The police statement concerning F;

1. Application of Acts and subordinate statutes as to investigation reports (attaching documentary evidence), written agreement on the payment of construction costs and written certification, investigation reports (inwards 45 pages of investigation records), and copies of delegations;

1. The relevant Article of criminal facts and the reason for sentencing of Article 355(1) of the Criminal Act [the scope of recommending punishment] Article 355(1) of the Criminal Act [the grounds for sentencing of imprisonment] [10 million won] [the decision of sentencing] that there is no basic area (4 to 100 million won] [the special person] [the decision of sentencing]] which is not agreed with the victim [the fact that there is no previous criminal record other than the punishment imposed twice by fine, the fact that there is no previous criminal record other than the punishment imposed twice by fine, and the fact that the crime has

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