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(영문) 수원지방법원 2018.09.10 2018고단3869
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 1, 2016, the Defendant: (a) entered into a temporary re-lease agreement with D Co., Ltd. E (hereinafter “E”) employees of the victim E Co., Ltd. (hereinafter “E”); (b) entered into a temporary re-lease agreement with the employees of the victim E Co., Ltd. (hereinafter “E”); and (c) under the said agreement, the said D’s creditors were supplying the victims E-owned temporary facilities at the construction site of the Suwon-si F; and (d) during the process of construction with the said construction site on November 22, 2016 when the said creditors were to seize the company’s claims; (b) the lessee of the said lease agreement changed from D to H (hereinafter “H”); and (c) completed a temporary re-lease agreement with the same content as the transfer, and subsequently was supplied at the same construction site under the same conditions as the transfer.

On July 18, 2016, the Defendant, at the construction site of the above G hospital, supplied the temporary reproduction from the victim E in accordance with the above temporary re-lease agreement, and used and stored the temporary reproduction of each tree owned by the victim, and used approximately KRW 300,100,000 at the market price of each tree owned by the victim, and used it as a separate construction site located in the I at G time, and embezzled the above trees owned by the victim E by means of not returning it, from that time until March 16, 2017, including embezzlement of each of the above trees owned by the victim E by means of not returning it, from that time until March 16, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect of the police against J;

1. Statement made to K in the police statement;

1. Application of Acts and subordinate statutes on the re-lease agreement of each construction site, a copy of a record, transportation vehicles of the materials voluntarily disposed of at the site of G hospital, and the current status of transportation

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act 1.

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