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(영문) 제주지방법원 2015.04.17 2014고정972
업무상횡령
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

From December 15, 2013 to March 24, 2014, the Defendant served as the site manager at the F Elementary School Construction Site E in Seopopo-si E in which C representative director D, the victim, is in force. A.

On February 2014, the above defendant ordered G of the Working Group in the Dong-gu to sell steel products of an amount equivalent to 180,000 won owned by the victim at the construction site on the near the F elementary school.

In such a way, the sales of steel bars and 180,000 won received were arbitrarily consumed and embezzled.

B. Around March 18, 2014, the victim of Seopopopopo City H embezzled the amount of 50,000 won at a 100,000 won electric power line for admission to temporary electricity, which was kept in the construction site of an apartment in his/her possession, to the Defendant’s orchard at his/her discretion without the victim’s consent.

(c) Around March 25, 2014, at the construction site of the F Elementary School located in Seopo City E, Seopopopo-si, instructed G, the working party leader, to move 26 boxes of strengthening floors owned by the victim at the work site of the F Elementary School located in Seopo-si, Seopo-si, to the warehouse where one ton of a string vehicle is located.

As such, 2,358,720 won, which was kept by the defendant, has been embezzled by arbitrarily taking 26 stuffs of reinforcement floor.

Summary of Evidence

1. Each legal statement of witness D, K and G;

1. Statement made to D by the police;

1. Each of the written statements prepared by K, G, and L argues that the Defendant, while denying the facts charged in this case, only disposed of materials that were brought about as small quantity or value, according to business practices. However, the above evidence and the following circumstances acknowledged therefrom, namely, ① the Defendant arbitrarily brought about or disposed of materials, etc. before the completion of the relevant construction work, ② the degree of acquiring a truck on a truck and the degree of strengthening floors cannot be determined as 26 boxes even in the case of steel bars, and ③ the Defendant cannot be determined as having little quantity or value as 26 boxes.

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