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(영문) 인천지방법원 2013.07.05 2013고정89
횡령
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around 15:00 on May 14, 201, the Defendant, at the construction site of D operated by the victim C, who was awarded a subcontract for the construction of the factory site and received a subcontract for the construction of the ancillary civil works of the factory site from the victim, and was in charge of the management of all civil works or materials, brought and kept 20 tons of the steel bars to be used for the said construction work for the victim at the construction site. Of them, the Defendant was aware of E and E to perform loading and unloading work and dispose of the remainder of the steel bars at the construction site, and transported 7 tons of the steel bars equivalent to 6 million won at the victim’s market price as E truck, and arbitrarily sold the above steel bars at the purchase price of KRW 4 million on the second body of G located in the Seo-gu Incheon Metropolitan City.

Accordingly, the defendant embezzled the victim's property in collusion with E.

Summary of Evidence

1. Each police interrogation protocol of the accused and E;

1. Application of the police protocol law to C

1. Relevant Article 355 (1) of the Criminal Act and Article 30 of the Criminal Act concerning criminal facts, the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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